Domestic violence plays a significant role in divorce proceedings in New Jersey. It affects all the key aspects such as grounds for divorce, property division, child custody and child support. Understanding these impacts is essential for those facing a divorce under these challenging circumstances.
Grounds for divorce
In New Jersey, domestic violence can be cited as a specific ground for divorce. Acts of physical, emotional or sexual abuse within a family or intimate relationship can provide a clear basis for seeking a divorce. Citing domestic violence as a ground may expedite the process and can influence the court’s decisions in other areas, such as financial and custodial arrangements.
Property division
If one spouse has been abusive, the court may take this into account when determining a fair distribution of assets because assets are divided fairly, not equally, unless that is what is deemed fair. The victim might receive a larger share of the marital property, such as the family home, to compensate for the abuse endured during the marriage.
Child custody
One of the most critical areas affected by domestic violence is child custody. New Jersey courts prioritize the best interests of the child, and a history of domestic violence can heavily influence custody decisions. If a parent has been abusive, the court may restrict or deny their custody and visitation rights to protect the child. In some cases, supervised visitation may be required, or the abusive parent may be denied any custody rights altogether.
Child support
While the primary factors for determining child support are the parents’ incomes and the child’s needs, domestic violence can also play a role. If the abusive parent has caused financial harm or created economic instability for the victim, the court may consider this when calculating child support. This ensures that the child’s financial needs are met without placing undue burden on the victim.
Restraining orders
Victims of domestic violence can seek restraining orders, which can have a direct impact on divorce proceedings. A restraining order may grant the victim exclusive use of the marital home, temporary custody of children and financial support. Violations of these orders carry severe legal consequences for the abuser, further influencing the divorce outcome and ensuring the victim’s safety.
Conclusion
Domestic violence profoundly affects divorce proceedings in New Jersey, particularly in areas such as property division, child custody and support. The courts take domestic violence seriously and work to protect the safety and well-being of victims and their children, ensuring that the divorce process reflects the severity of the situation.