How Domestic Violence Affects Divorce Proceedings

Violence in any relationship should never be tolerated under any circumstances, especially within a marriage. It is important to know that there are many legal protections in place for victims of domestic violence in the state of North Carolina. Studies suggest that violence occurs at least once in 66 percent of all marriages, which shows the worrying prevalence of abuse in relationships.

In the state of North Carolina, it is possible to file for divorce in two ways. One way is to file for a no-fault divorce, usually through the citation of irreconcilable differences. Alternatively, it is possible to file for a fault-based divorce, which means that you are blaming the other spouse for the breakdown of the marriage. In order to successfully do this, you must show that the other spouse committed an act such as abandonment, adultery, or domestic violence.

What happens when you file a fault-based divorce citing the occurrence of domestic violence?

The most important thing that you can do is to protect yourself from the abuse that you are at risk of. You can do this legally by filing for a protective order in the state of North Carolina.

If you successfully file for a fault-based divorce, this will have an outcome for many aspects of the divorce. For example, the way assets will be distributed will likely take into account the nature of and the extent of the abuse in the relationship. Additionally, child custody orders will be made with this information in mind.

If you want to know more about going through a divorce as a domestic violence victim, your divorce attorney can provide advice and guidance.

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