How does domestic violence affect divorce?
Domestic violence is all too commonplace in our society. According to statistics, 100 domestic violence-related homicides occur in Michigan every year. The startling truth is that a disproportionate number of these assaultive incidences occur between spouses. In many cases, when violence is present in a marriage, it will be the reason the relationship ends in divorce. Domestic violence can have serious implications during this process.
Custody and Decision-Making
When children are part of a divorce where there has been domestic violence the court is going to be extremely cautious about exposing a child to a violent parent or situation. While Michigan law supports parenting plans which allow both parents contact with their children and equal decision-making, the child’s best interest will always come first. When deciding whether a divorce term is in a child’s best interest, the court can and will examine:
- Domestic violence, regardless of whether the violence was directed against or witnessed by the child;
- A parent’s willingness to facilitate the other parent’s relationship with the child. However, the law provides that the court will not draw an adverse inference from a parent’s reasonable actions which are taken to protect a child from domestic violence by the child’s other parent; and
- Any other evidence the court believes to be relevant.
Depending on the situation, if there has been violence between the parents, the court could end up awarding one parent primary custody and all decision-making power. The court could also prohibit the other parent from having contact with their child and former partner or require that all visit be supervised. The child’s best interest is the court’s primary focus, and the degree of violence and threat to the child’s well-being will dictate the court’s decisions.
Property Division
Michigan courts divide marital property in terms of equitable distribution which means that the court will examine multiple elements to decide how to divide marital property fairly. When there is evidence of domestic violence, the court looks at how the conduct impacted the injured party. For example, if there is evidence that the abusive partner prevented the injured spouse from working, harmed them in a manner which kept them from being able to work, or withheld marital assets, the court could include this information in its evaluation. Further, if the assaultive behavior led to the end of the marriage, the court could also take this into consideration. After weighing this evidence and other factors, the court could decide to divide the couple’s property in a manner which results in the injured spouse getting more of the marital assets.
Alimony
Spousal support or alimony is another area in which domestic violence can have a significant impact. As with equitable distribution, the court will look to multiple factors to determine the right action to take. By examining different aspects the court will assess if spousal maintenance may be appropriate for a circumstance. These factors allow for an inspection of matters such as the parties’ health, economic and wage earning disparities, who was at fault for the end of the marriage, and principles of equity. When one spouse has abused the other one, the court could evaluate this information and decide the conduct warrants spousal support.
Contact the Law Office of Scott Neuman
If domestic violence is an issue in your marriage and you are considering divorce, you need to meet with a qualified family law attorney who can provide you with the guidance you need. Our office understands the implications of domestic violence and can offer assistance during the difficult time. Please contact us online or by phone if we may be of assistance.
http://bestmichiganlawyer.com/contact
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