Divorce in itself can be hectic. But divorce that involves allegations of domestic violence can be a different ballgame. Whether you are the victim of domestic violence or your spouse has made allegations of violence against you, it is important that you take appropriate steps to safeguard your rights.
If you are considering a divorce or in the process of one, you probably know how stressful the process can be. You are probably concerned about the outcome of the process and how it will impact your finances and children. But if the other party has accused you of domestic violence, you are probably concerned about how this will impact the outcome of your divorce.
Here are two ways allegations of domestic violence can impact your divorce case.
Domestic violence and child custody
Allegations of domestic violence can greatly impact the outcome of your child custody case. While it is rare for the accused party to lose custody and visitation rights, the court will make a ruling based on what is in the child’s best interest. This includes taking into account factors like whether the abuse was extended to the kids too or whether they witnessed the abuse.
Possible outcomes for your child custody case may include supervised visitation in public places or restricted communications with the custodial parent.
Domestic violence and spousal support
Typically, domestic violence will not affect how marital assets are divided. However, it may impact alimony. Under North Carolina law, “marital misconduct” is one of the factors the court will take into account when determining spousal support payments. Some of the factors the court may consider include:
- The duration of the marriage
- Both parties’ relative earnings and capacity
- Each party’s relative needs
- Each party’s contribution to the marriage
Domestic violence is a toxic and dangerous element to any marriage. While injury, protective orders and protective orders are the most direct outcomes, it is important to understand that domestic violence can greatly impact the outcome of your divorce.