In Prattville, Alabama, domestic violence in marital relationships can affect almost all aspects of a divorce, including child custody determinations, property division, and alimony. Therefore, before you proceed, you must understand the possible implications of this violence on your divorce.
If you are planning to get a divorce because of domestic violence, you are not alone. And a divorce or family law website can provide you with information that can help you get started with the process. While it can be scary to end your marriage because of domestic violence, doing so can be the best decision you can make for yourself and your loved ones. Read on to know the impact of domestic violence on divorce in Alabama:
Divorce Grounds
In general, married couples may seek non-fault divorce if neither party is at fault and the breakdown of their marriage is irretrievable. But state law also allows at-fault divorce in some situations where the misconduct of a spouse caused the split of the couple. If you are a victim of domestic violence and want to get a divorce, speak with an experienced divorce attorney to discuss your options.
Property Division
Generally, marital property should be divided equitably between the divorcing spouses. Equitable division means the court will divide the assets fairly, taking into account different factors. But state law specifies that if a divorce is initiated because of the misconduct of one spouse, the court can award the innocent spouse a greater share of the property.
Child Custody and Visitation
If you and your spouse have minor children, your divorce will include determining custody and visitation rights. The court will focus on the children’s best interests when making determinations. So, if domestic abuse is involved, courts will take this into account when determining the spouse to award custody. In general, the courts presume that letting a child reside with the non-abusive or non-violent parent is in their best interest.
Consult with a Skilled Divorce Lawyer
Usually, family law is complex and emotional. Although your divorce proceedings will end over time, the implications of the outcome on your family can be lifelong. Thus, you should have a reliable legal advocate protecting your rights at each step of the way. By hiring the right attorney, you can be sure that an expert will navigate this tough time in your life with you. The best attorney is a skilled negotiator and litigator who fights aggressively for your rights and makes sure you get fair treatment throughout the process.
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