Domestic Violence Awareness Month: D.V. & Divorce

Does domestic violence impact the divorce process? If so, how?

In short – Yes, Domestic Violence can impact the divorce process. How it impacts divorce proceedings depends on individual circumstances and specific findings by the Court. For example, if the Court determines that there is a significant act of domestic violence or a significant history of domestic violence, the Court is potentially precluded from awarding the abusing parent joint legal decision-making authority.

If you are in an abusive situation and wish to seek a divorce, it is important that you provide your attorney – or the court if you are not represented – with the evidence necessary to show acts of domestic violence. The evidence may include police reports, photos, video recordings, emails, texts, etc., and can be used as evidence of domestic violence.

In Maricopa County, Arizona, the issue of domestic violence is very important to the court and often has a tremendous impact on the divorce process. The court will weigh the evidence in each case to determine, based on statute, whether an act of domestic violence occurred; and if it has, the court must consider that evidence in making a determination as to the best interest of the children. This is a very important decision that can have a dynamic impact not only on the divorce process, but on the future co-parenting relationship after the divorce is finalized.

In domestic violence situations, especially, it is invaluable to hire an experienced family law attorney to help you take all necessary steps to protect you and your children now. Contact our office for more information, CONTACT US | Castle Law.

If you need immediate help, the National Domestic Violence Hotline is available 24/7 by calling (480) 542-5885-SAFE (7233), texting START to 88788, or visiting https://www.thehotline.org