One important consideration that can significantly impact the divorce process is domestic violence. Domestic violence is a pattern of abusive behavior in intimate relationships. It can manifest in various forms, including physical, emotional, sexual and financial abuse. In Colorado, the law defines domestic violence as “any act or threatened act of violence against a person with whom the aggressor has an intimate relationship.”
Domestic violence has specific legal implications that affect how divorce cases are handled. Please continue reading to delve into the intricate relationship between domestic violence and divorce.
Protective orders and restraining orders
Domestic violence incidents often lead to the issuance of protective orders or restraining orders. These legal measures aim to help ensure the safety and protection of the victim and any children involved. Protective orders typically prohibit the abusive party from contacting or approaching the victim and may also address child custody and visitation rights.
Impact on child custody
When domestic violence occurs in a divorce case, the court will prioritize the child’s best interests when determining custody arrangements. The abusive history may significantly influence the court’s custody and visitation rights decision. Sometimes, supervised visitation or the complete denial of visitation may be ordered to safeguard the child’s well-being.
Division of marital assets and spousal support
In Colorado, the division of marital assets and the awarding of spousal support are based on equitable distribution principles. However, in cases involving domestic violence, the court may deviate from the usual equitable distribution approach.
The abusive spouse’s behavior may be considered a factor in favor of the victim, potentially resulting in a more favorable division of assets and an increased likelihood of receiving spousal support.
Domestic violence has far-reaching consequences, especially within the context of divorce proceedings. The legal system takes domestic violence seriously and has measures to protect victims and their children. Therefore, if you’re considering divorce due to domestic violence, you may need to consult a professional to understand the legal processes.