Westchester Spousal Abuse Lawyer
There are many reasons someone may choose to seek a divorce, many of which do not involve any specific fault on the part of either involved party. However, there are times when one spouse may find themselves to be the victim of spousal abuse.
When such circumstances arise, working with a compassionate divorce lawyer who has handled with cases involving such conduct may help you face the challenges of divorce more confidently. As a victim of this behavior in a marriage, it is important for you to understand the laws governing a potential divorce so that you can work with a Westchester spousal abuse divorce lawyer to advocate for your rights.
Marital Behavior That Qualifies as Abusive
Since 2010, New York offers a no-fault divorce option to couples seeking to dissolve their marriage. However, in cases of physically, mentally, and/or emotionally abusive treatment, no-fault divorce may not be the best option, as it may result in the court not taking this abusive behavior into account when deciding on issues such as spousal support and asset division.
In addition to physically violent acts, courts may also consider the following as unacceptable conduct towards a spouse in an action for divorce:
- Forced sexual relations
- Verbal abuse
- Coercion under the threat of punishment
- Any of the above actions committed against children within the marriage
In addition, bullying and intimidation during the divorce process itself can have significant effects on how that process plays out, which means it is something that should not be tolerated and should be addressed in court if necessary. A Westchester spousal abuse divorce attorney could help a spouse suffering from abuse factor that treatment into the divorce process and support them during negotiations.
Proving This Conduct
It is important to remember that spouses seeking a divorce based on spousal abuse may need to do more than simply allege that such treatment occurred. They should also remember that rude or inappropriate behavior generally may not qualify as spousal abuse. To successfully pursue such a cause of action, the filing party must establish that the conduct they are alleging is harmful to their physical and/or mental health in a way that makes continued cohabitation with their spouse unsafe.
This typically means that the spouse alleging this type of conduct must prove that potentially qualifying actions are not isolated. A pattern of these behaviors may need to exist for it to be considered spousal abuse. Documenting such incidents in an organized fashion with the help of a Westchester spousal abuse lawyer may allow filing parties to strengthen their claim for certain rights and awards during the divorce process.
How a Westchester Spousal Abuse Attorney Could Help
If spousal abuse is a factor in your divorce, finding an experienced legal advocate to help you exercise your rights and move past a marriage in which you have experienced this type of conduct could be an important first step in working toward a better future for you and your family.
Divorce requires a thorough and dynamic approach, especially in cases involving domestic abuse. If you are seeking a divorce and still dealing with this type of behavior, contact a Westchester spousal abuse lawyer to see how working with compassionate and experienced legal counsel can help you achieve a better tomorrow.