Unfortunately, domestic violence remains a serious problem in our region. According to data collected and published by the National Coalition Against Domestic Violence (NCADV), state and local law enforcement officers in New York respond to more than 400,000 reports of domestic violence annually. Of course, not all of these calls are legitimate. There are also false allegations of domestic abuse.
Domestic violence can have an enormous impact on your divorce case. Whether you have been the victim of domestic abuse, or you have been falsely accused of domestic violence, you need to take immediate action to protect your family law rights. Here our experienced Saratoga County domestic violence lawyers highlight the ways in which domestic violence can affect your divorce case.
Three Ways in Which Domestic Violence Can Impact a Divorce in New York
1. Domestic Violence Can Impact the Divorce Process
Every New York divorce case is unique. In fact, different divorces are even resolved in a different manner. At The Colwell Law Group, LLC, our Albany family law attorneys understand that collaborative solutions and divorce mediation can be best option for many couples. However, when allegations of domestic violence are involved, this type of mutual face-to-face negotiation is often not appropriate. It is important that your divorce goes through the best process for your specific circumstances.
2. Domestic Violence Can Impact Child Custody
When making child custody decisions, New York family law courts operate under the ‘best interests of the child’ standard. This means that state courts will look at a wide range of different factors in order to determine which parent can provide the healthiest and most stable environment for the children. Domestic violence is a major strike against a parent. If your spouse is guilty of domestic violence, you need to protect your children. On the other hand, if you are being falsely accused of domestic abuse, you need to protect your child custody rights. Allegations of domestic abuse will always have a serious effect on any child custody or child time-sharing dispute.
3. Domestic Violence Can Impact Property Division
After issues involving young children, a couple’s finances are typically the most contentious issue in New York divorce proceedings. Here too allegations of domestic violence can potentially have an impact on the case. New York state courts have ruled that domestic violence can affect property division disputes in cases in which the abuse was ‘egregious’. Serious domestic abuse is an especially important issue in cases where there is a dispute over a house, or where one spouse has sought a protective order against the other.
Contact Us with Questions about Domestic Violence and Divorce
At The Colwell Law Group, LLC, our compassionate domestic violence attorneys are standing by, ready to protect your family law rights. If you have questions about how domestic violence can affect a divorce in New York, please contact our law firm today for a fully private consultation. With offices in Saratoga Springs and Albany, we serve communities throughout the region, including in Greene County, Columbia County, and Schenectady County.