Brooklyn, NY – Some couples will experience issues with domestic violence throughout the course of their marriage. Because this is a serious matter that can result in criminal charges and other problems, it is also possible that domestic violence can be a reason for a couple to get divorced. This can have implications on the outcome of the divorce, as well as related issues such as child custody. Any couple who is going through this process should have each spouse get their own attorney for advice and representation.
Child custody issues
A person who has domestic violence convictions can have problems maintaining custody rights or getting custody of their children. When a judge is analyzing the best interests of the child, they may be reluctant to award any custody rights to a person with a violent disposition and criminal charges on their record. A person who has domestic violence issues in their past should be prepared to show a strong relationship with their child and rehabilitation since their conviction if they want to try to receive custody. However, this may be difficult to do if the other parent has a clean record and would be much more capable of raising the child in a safe environment.
Grounds for divorce
Some divorces in New York may be brought for traditional fault based grounds, although a no fault divorce is more common. Things like domestic violence may be considered cruel and inhumane treatment, and used as the grounds for divorce. However, there are also limitations on trying to divorce for this reason, as the incident of violence must have occurred recently. In many cases, a no fault divorce is a better option whether domestic violence is the reason the marriage broke down, or other problems are present. Other traditional grounds for divorce include things like abandonment, imprisonment, and infidelity, although all require specific evidence to end a marriage for this reason.
If domestic violence issues are imminent, the spouse who is the victim can ask the judge for a protective order. This prevents the person responsible for the violence from contacting the victim and creating a situation where violence can potentially happen again. The consequences of violating the order from the judge once it is in place can be severe, and they can potentially involve additional criminal charges.
Brooklyn divorce lawyers
Elliot Green Law Offices is a family law practice that works with local clients in the area of Brooklyn and other parts of New York. Anyone who has questions about divorces, child custody hearings, alimony payments, domestic violence, or other matters can contact the firm to get advice from attorneys near me.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201
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