Are you going through a divorce and one of the parties has a history of domestic violence? This blog will give you information on how a domestic violence charge can affect your divorce and custody case in The State of Michigan. Although Michigan is a no-fault state for divorce, incidents of domestic violence are considered fault, and this fault should be considered when dividing marital assets, spousal support and determining custody.
How Does Domestic Violence Affect Divorces in Michigan?
A divorce that involves domestic violence can get really messy. The first thing to do is collect as much evidence as possible. This evidence will help show the effects of that violence, which includes economic damage, physical, emotional and psychological effects. The court will look at the evidence provided to make the best possible choice.
If there is evidence of abuse the victim will more likely receive the majority of assets. But in the case where the victim has no evidence and the abuser has a strong case against the other party, there could be a possibility that the victim will not get as much as they deserve. Having the accurate evidence and an attorney that can create a strong case is much needed in winning a divorce.
What is Domestic Violence
There are certain damages and abuse that can be considered as domestic violence, here is a list of forms of domestic violence. If any of these seem to relate to your case make sure to get some kind of evidence to prove your accusations in court.
- Verbal abuse
- Intimidation
- Economic oppression and abuse
- Coercion,
- Use of the children to intimidate, harass, or threaten,
- Sexual abuse and stalking
- Isolating the victim from family and friends
An example of domestic violence that can be used against the other party in a divorce is economic oppression and abuse. Economic damage may include incidents where the abuser withheld family money from the victim, prevented the victim from pursuing a job or educational goal, or the abuser’s tactics is used to prevent the victim from establishing themselves economically. These damages will need to be established by documentary evidence and testimony and will ultimately be used in the determination of the division of the marital property.
Assets and Domestic Violence
As with division of marital property, fault may be used in determining an award for spousal support. While the court takes in consideration many factors when determining spousal support, domestic violence falls under the factor “the past relations and conduct of the parties.”
In fact, the court has noted that past conduct of the parties that causes fear of personal danger is an appropriate justification for an award of spousal support. Each factor for the granting of spousal support must be examined with the domestic violence allegations in mind, to support a request for spousal support.
Assets, marital property, and spousal support will all be affected if there is evidence of domestic violence. It is important to keep in mind that this process requires an attorney, this can not be done alone. With the right attorney and enough evidence there can be a clear cut path for your divorce.
What about child custody?
The Child Custody Act requires the court to consider domestic violence when determining custody and parenting time. The presence of domestic violence is one of the 12 Best Interest of the Child factors that the court must consider before granting any type of custody determination.
The effects of domestic violence can influence multiple factors of the 12 Best Interest of the Child test, and must be demonstrated through documentary evidence and testimony, sometimes expert testimony. A few factors that judges in Michigan consider when determining child custody may be if either parent has been physically or mentally abusive or if there has been a history of criminal records.
In a determination of joint custody, the court weighs whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child. If the situation contains domestic violence or abuse, with all of the acts of intimidation and unequal power by the abuser, there cannot be a true agreement between the parents. The court may find, because of this, that joint custody is not in the best interest of the child.
The Impact of Domestic Violence In a Child Custody Case
Domestic violence will be considered a negative contributing factor to the child’s well-being, even if the child has not witnessed the domestic violence themselves. The same influence of domestic violence on the child’s well-being is used when determining parenting time. In cases of domestic violence, the court may order supervised parenting time, third person exchanges, and/or no contact with the victim and/or child.
If a Personal Protection Order is put in place, then the parent accused of domestic violence may not contact the victim parent or in some cases, the child. The accused may not be able to go back home or even work if the court decided this. The PPO does not act as the custody determination, itself, but will take precedence over the child custody order. The goal of structured parenting time in a domestic violence situation is to prevent harm and manipulation of the victim parent, while also providing the accused abusive parent a relationship with the child.
Domestic violence impacts child custody heavily but it’s important to remember that domestic violence is only one of the many factors that the court will consider when deciding child custody. The court may find a way to give the accused some parenting time, and if needed the court can order supervised visitations. If everything goes as planned the child custody process will be fair and equally and both parties will get the outcome they deserve, the court will make sure that everyone that is involved will be safe.
Conclusion
Domestic violence plays an important role during the divorce process, it is one element that the court will look at to decide who gets what. If you have any issues with domestic violence in your household or you know someone struggling with the issue call the police immediately to remove the victim from the unsafe environment.
States all across the countries are recognizing domestic violence as more than physical abuse. There are many components to domestic violence that can be used against the other party. Again it is crucial to collect and keep as much evidence as possible that relates to domestic violence. It’s about protecting yourself and the people you love, don’t ever go through difficult matters like these alone.
If you need more information on divorces and custody or if you have any questions regarding domestic violence in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your domestic violence matter. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.
For more information on domestic violence in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about domestic violence in Michigan.
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