No marriage is perfect. While some couples can overcome their issues, others determine that divorce is their best option. However, when a marriage involves harm and abuse to a partner, it may not be as simple as filing for divorce to escape domestic violence.
When allegations of domestic violence are involved in a divorce, this can give rise to additional concerns and precautions taken. As such, it is important to be aware of these additional steps that can be taken. Additionally, you should be aware how this could impact child custody and the overall divorce process.
Restraining order during divorce
Ensuring your safety is paramount, especially when your mental, emotional and physical safety may be compromised due to incidents of domestic violence. Even if the divorce process is underway, a restraining order is always an available option. Depending on the situation and the level of legal protection sought, there are various types of orders that could be established.
If a protective order is established, this could impact the divorce process in terms of communication and processes. If children are present, this can create constraints to co-parenting. Additionally, divorce methods such as mediation and collaborative divorce are unlikely.
Impact on child custody and support
Domestic violence is a serious matter; however, there are always concerns about whether these allegations are being used as a divorce tactic. When there are indications that domestic violence is a valid issue, this situation can impact child custody. The most used standard is the best interests of the child. This means that a finding of domestic violence will be a factor considered when establishing a custody order. Thus, it could result in limited visitation or the requirement of supervised visitation.
Because child support is tied to child custody, the determination of child custody of the abuser can also impact the child support owed. Even when a domestic abuser loses custody of their child, their financial responsibilities to their child do not disappear.
Being a victim of domestic violence is a difficult situation to endure and navigate. Thus, adding the divorce process to the mix can make for an overwhelming and complex matter. As such, it is important that you take the time to understand your rights in the matter and how best to move forward with it.