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Domestic Violence May be a Consideration in Property Division in Divorce

Friday, November 13th, 2009

In 1994, Congress enacted the Violence Against Woman Act “…to treat violence against women as a major law enforcement priority, to take aim at the attitudes that nurture violence against women, and provide help survivors need.”

For family law practitioners, domestic violence, particularly spousal and child abuse, remains an important consideration in custody/visitation, mediation and property division.

In some states, domestic violence is a specifically enumerated factor in the division of marital property. In these jurisdictions, spousal abuse by itself is a relevant factor, and the courts consider that the abuse need not be egregious. The courts assume that the abuse is the cause of the marital breakdown. Other states consider spousal abuse economic misconduct because it results in increased medical bills and diminished employment opportunities. In some states, fault — even the abuse of a spouse — may not be considered at all.

The Uniform Marriage and Divorce Act requires that assets be divided without regard to fault or marital misconduct, but even in UMDA states, economic misconduct is a permitted consideration in the division of property, thus opening the door to consideration that domestic violence has an economic impact.

When domestic violence is a consideration in the distribution of property, the most common result is that the wife, who in the abused spouse in 95 percent or more of the cases, receives a larger share of the marital estate than she would normally receive.

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Caught in the Trap

Wednesday, January 7th, 2009

Domestic Violence is not something to be taken lightly. If you believe you are a “victim” of domestic violence you must seek help. Trained professionals can only help if you are willing to let them.

There is no reason to feel ashamed. Even the best suffer from domestic violence. There are countless Hollywood stars crying domestic violence and getting a great deal of publicity for it. You do not want to be like the “stars” but if you believe you are a victim, then seek help, immediately.

There is nothing you did to deserve the violence being inflicted upon you. You did not say anything wrong or look at another person, domestic violence has less to do with the person that is on the receiving end of the violence. Domestic violence has everything to do with the person inflicting the hurt on another.

Each state has laws regarding domestic violence. There are shelters and women’s centers that offer help. There are many resources out there for those who are in the midst of a domestic storm.

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