What Role Does Domestic Violence Play In Divorce?

As with so many issues involved in divorce cases, domestic violence may or may not play a significant role in the legal process depending upon the exact circumstances. Of course, in cases in which criminal law has been invoked because of the level of domestic violence, it will likely play a significant role in the divorce case. This is especially true in cases involving child custody and visitation determinations. However, if the parties don't have children and the domestic abuse has been relatively minor, even if law enforcement has been involved, the domestic violence of one party against the other may play a miniscule legal role.

On the other hand, because the very definition of domestic violence implies an on-going pattern of control of one party by the other, using not only physically, but also psychologically and emotionally abusive methods, domestic violence may play a very significant role in the emotional and psychological aspects of divorce. This can be especially true in the original decision-making process of whether or not to initiate a divorce. Many victims of domestic
violence leave a marriage because of the abuse, and many victims of domestic violence stay in the marriage because of the abuse, knowing that an attempt at separation might result in an escalation of all aspects of the violence.

Prepared. Focused. Aggressive.

For more information review our other family law FAQs, or call the Zolman Law Firm at 314-375-5237 or contact us online.