We have nothing but sympathy for you and your child if you have been made victims of domestic violence. Your spouse’s behavior toward you is unacceptable, and it is grounds for divorce in any case. Read on to discover how you can divorce your spouse after a domestic violence incident and how a seasoned Morristown domestic violence lawyer at Graves Andrews, LLC can shuttle you and your child to a safe environment.
Can I divorce my spouse after a domestic violence incident?
If your spouse has been the cause of one or many domestic violence incidents, then you may proceed forward with a fault divorce. That is, a fault divorce allows you to claim that your spouse’s actions (i.e., abuse) were the catalyst of the breakdown of your marriage. So, you may claim domestic violence as the fault grounds in your divorce proceedings. The New Jersey family court may consider your fault grounds when making the final decision on your divorce-related terms, such as property distribution, spousal support, child support, and most especially, child custody.
That said, if your child was equally made a victim of domestic violence, you must present evidence of this to the New Jersey family court. This is because the court may consider your spouse’s history of domestic violence as an indication that they are an unfit parent. In other words, they may conclude that your child will be in immediate danger if your spouse is given as little as supervised visitation rights.
But before you kickstart your petition for divorce, it may be best to initiate a petition for a temporary restraining order. This is so you and your child can be placed in immediate safety. And you may soon attend a hearing for a permanent restraining order.
Can I divorce my spouse over emotional abuse?
You must understand that domestic violence is not limited to physical attacks. Rather, you and your child may have been made a victim of domestic violence if your spouse was emotionally abusive, along with verbally or sexually abusive. With that being said, you may cite domestic violence as grounds for your divorce if your spouse was emotionally abusive in any of the following ways:
- Your spouse consistently makes you doubt your perceptions of reality.
- Your spouse consistently manipulated you into entering situations you are uncomfortable with.
- Your spouse consistently and unnecessarily blames you for circumstances outside of your control.
- Your spouse consistently and unnecessarily embarrasses you in front of others.
You must make a valiant effort toward removing yourself and your child from a toxic living environment. Reach out to a competent Morristown family law attorney at Graves Andrews, LLC to learn how to get started on your divorce filing.
