Domestic violence is an escalating concern that permeates the United States, including the state of New Jersey. Not only does it frequently lead to divorce, but it also adds complexity to the divorce resolution. Domestic violence encompasses various abusive acts aimed at gaining power and control over a partner, such as physical, emotional, sexual, and financial abuse.
New Jersey takes domestic violence extremely seriously and has implemented laws to safeguard victims and penalize perpetrators. However, many victims are hesitant to come forward and report the abuse due to various reasons. Fear of potential retaliation, financial dependence on the abuser, and self-blame are among the pivotal factors that hinder victims from seeking help.
The Process of Obtaining a Divorce
New Jersey enables couples to obtain a divorce for any reason, including domestic violence. Unlike other states, there is no mandatory waiting period before filing for divorce in New Jersey. Nonetheless, the plaintiff (the individual initiating the divorce) must have resided in the state for at least one year before commencing the proceedings.
If domestic violence plays a role in the divorce, the plaintiff has the option to file for a restraining order, which remains valid until the divorce is finalized.
Equitable Distribution of Assets
Equitable distribution encompasses the division of marital assets and debts during the divorce process. In New Jersey, the division of marital property is based on fairness rather than strict equality.
Should domestic violence factor into the divorce, the abused spouse may be entitled to a larger portion of the marital assets and may be absolved of any liability for marital debts.
Alimony Considerations
Alimony, or spousal support, refers to the financial assistance provided by one spouse to the other after the divorce. In New Jersey, the determination of alimony takes various factors into account, including the duration of the marriage, the income and earning capabilities of each party, and the standard of living during the marriage.
When domestic violence is a factor in the divorce, the abused spouse may receive a more substantial amount of alimony, primarily due to their potential financial dependence on the abusive partner.
The Impact on Child Custody
Child custody often becomes a contentious issue in divorce cases. In New Jersey, the court prioritizes the best interests of the child when making custody decisions.
If domestic violence arises during the divorce proceedings, it can significantly influence the custody decision. The court pays meticulous attention to the safety and well-being of the child, potentially awarding custody to the non-abusive parent.
In Conclusion
Domestic violence poses a grave threat that profoundly affects the outcome of divorce settlements in New Jersey. For victims enduring domestic violence, it is imperative to seek immediate assistance. The state of New Jersey provides an array of resources, including shelters, hotlines, and legal aid. Always remember that you are not alone, and help is readily available.