Can Emotional Abuse Play a Role in a Pending Divorce?

Quite a few factors from your marriage can play a role in how the courts rule in your divorce. Most people recognize that domestic violence, including the physical abuse of a spouse or children, can contribute to someone’s desire to file for divorce and complicate divorce proceedings. Physical abuse is a serious issue that causes lasting physical and emotional consequences for its victims. 

However, emotional or psychological abuse is also very damaging and could have played a role in your decision to get divorced. Do the North Carolina family courts care about allegations of emotional or psychological abuse?

Do you have documentation of your ex’s bad behavior?

Abusers are often very protective of themselves and may often go to great lengths to avoid leaving any evidence of their physical abuse of their partner. Ripping up photos, hiding phones, and intimidating someone into handing over or destroying evidence are all common tactics. 

Abusers may not be nearly so worried about the record of their emotional or psychological abuse, however. They may send text messages that threaten or berate their partner. They may also mistreat their spouse in front of witnesses. It is possible for you to use evidence of emotional or psychological abuse to convince the courts that your ex poses a substantial risk to your safety.

The courts will take a dim view of attempts to terrorize or harass someone, especially if there is evidence.  After all, many people who engage in emotional abuse also engage in physical abuse

While the courts generally won’t consider spousal misconduct in the division of your assets, they may consider it when deciding how to split custody and determining the amount of support they order. Both of those decisions can, in turn, have an effect on asset division as well. Evidence of emotional abuse or stalking can also help you secure a protection order if you feel afraid for your safety. Find out more information today about how an attorney can assist you.

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