Unfortunately, domestic violence remains a prevalent issue among married couples in Massachusetts. Most people stay in toxic relationships because they fear the consequences of leaving an abusive spouse. However, certain protections like a Temporary Restraining Order (TRO) can help you exit the marriage without enduring further damage. If you are a victim of domestic violence and have decided to end your marriage, please continue reading to learn how this abuse can affect divorce proceedings and why connecting with our experienced Bristol County Divorce Issue Lawyers is in your best interest.
How Do Massachusetts Courts Classify Domestic Violence?
Contrary to popular belief, domestic violence is not limited to physical abuse between intimate romantic partners. Instead, it encompasses a pattern of behavior in any relationship that is used to gain or maintain power and control over another individual. Domestic violence encompasses various controlling behaviors that negatively impact a person’s overall well-being. Abuse can be physical, sexual, verbal, emotional, economic, or psychological actions or threats of actions that influence another person. This means you can be a victim of domestic violence even if your partner has never physically harmed you.
How Can Domestic Violence Impact Divorce Proceedings in Massachusetts?
Allegations of domestic violence can significantly impact divorce proceedings. First, it’s important to understand that Massachusetts allows you to file for both fault and no-fault divorces. In cases of domestic violence, the plaintiff can cite “cruel and abusive treatment” as the grounds for divorce. Depending on the unique circumstances of your case, the marital estate, meaning the property you share with your spouse, may be divided differently. The court may determine that the abuse you have suffered at the hands of your spouse has affected your ability to work or the financial state of your household. This, in turn, could increase the amount of alimony or child support you can receive, so long as the other factors justify such a decision.
When it comes to charges of domestic violence and divorce, it will undoubtedly impact child custody matters, especially, if the plaintiff obtains a restraining order. The court’s primary concern is the best interests of a child. When a parent is accused or convicted of domestic violence, they present a risk to the child’s overall well-being. As such, the court will likely limit the abusive spouse’s parenting time. This is done by granting sole custody, ordering supervised visitation, or in extreme cases denying visitation altogether.
Domestic violence is a valid basis for seeking a divorce. However, it’s best to have a seasoned divorce lawyer on your side to achieve the best possible outcome for your case. At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to do everything in our power to help you move on from this chapter of your life so you can focus on healing. Connect with our firm today to discuss your case and what we can do for you.
