Divorce is often a difficult and emotional process, but when domestic violence is involved, the stakes are even higher. Domestic violence can be a reason or a personal ground for divorce. Disagreements during divorce proceedings can also lead to domestic violence. Whether divorce triggers abuse or domestic violence is the cause of divorce, Arizona severely punishes offenders.
Domestic violence can affect nearly every aspect of an Arizona divorce, including child custody, financial support, and the overall safety and well-being of those involved. It is advisable to work with an experienced divorce attorney to help navigate these unique legal challenges and safeguard your rights.
Understanding Domestic Violence under Arizona Law
Under A.R.S. 36- 3001 and A.R.S. 13-3601, domestic violence is any type of violent or threatening behavior towards a family or household member. These include a spouse, an ex-spouse, siblings, parents, grandparents, or children. In essence, domestic violence is against a person with whom the defendant has a domestic relationship, including current or previous romantic or sexual partners.
Domestic violence covers a wide range of abusive behaviors, including physical assault and battery, emotional abuse, threats of violence, harassment, stalking, and economic control or financial abuse. In essence, domestic violence is not limited to physical harm.
Under Arizona law, victims can seek protective orders, including an Order of Protection or an Emergency Order of Protection. These orders restrict an abuser’s contact and may remove them from the home. Protective orders and other legal protections often play a crucial role in divorce proceedings. In most cases, domestic violence in divorce makes negotiations unnecessarily longer and difficult.
Impact of Domestic Violence on Divorce Proceedings
Arizona is a ‘no-fault’ divorce state and does not require spouses to prove wrongdoing to grant a divorce. However, evidence of domestic violence can significantly shape how Arizona courts handle divorce. Judges have a duty to protect victims and children, and this responsibility affects decisions in several key areas, including:
- Child Custody and Parenting Time
Arizona courts decide child custody or legal decision-making and parenting based on the best interest of the child standard. Domestic violence is a crucial consideration in this determination. For instance, the law presumes it is not in the best interest of the child to award joint or sole custody to a parent who has committed domestic violence.
In such cases, the court may order supervised visitation or restrict parenting time to protect the child and the other parent. In extreme cases, the abusive parent may lose visitation rights altogether. The goal is to ensure that children are raised in a safe and stable environment, free from exposure to violence.
- Spousal Support
Domestic violence can also influence spousal maintenance or alimony. While Arizona law does not automatically award support based on abuse, the court may consider how financial abuse or control has left one spouse economically dependent.
For example, if one spouse prevented the other from working, controlled all finances, or used money as a tool of abuse, the court may grant spousal support to help the victim rebuild financial independence.
- Division of Property
Arizona is a community property state, meaning the court usually divides marital assets and debt equally in divorce. However, if domestic violence affected financial decisions, including one spouse maliciously wasting community assets, the court may adjust the property division to protect the victim.
- Protective Measures during Divorce
Survivors of domestic violence can request special accommodations to ensure their safety during the divorce process. The protective measures can include separate court hearings to avoid direct contact with the abuser, confidential addresses and sealed records, and protective orders that remain effective throughout the divorce proceedings. While these measures help survivors move forward without fear of retaliation, they significantly affect how the court conducts divorce proceedings.
Evidence and Legal Considerations in Domestic Violence Divorce Cases
With Arizona taking domestic violence allegations seriously, proving abuse in divorce proceedings requires strong evidence. The court may consider police reports documenting incidents of abuse, medical records showing injuries, and witness testimony from family, friends, or neighbors. The court may also consider digital evidence, including threatening text messages, emails, or voicemails.
In custody disputes, the court may also rely on custody evaluators or expert witnesses to assess whether abuse has occurred and how it affects the child’s well-being. While the burden of proof can be challenging, credible documentation and testimony are crucial for divorce cases involving domestic violence.
Why You Need a Family Law Attorney
Divorces involving domestic violence are often emotional and legally complex. However, a skilled Arizona divorce lawyer can provide support and help you navigate the complexities. If you are a victim, the family law attorney will help gather relevant evidence to prove domestic violence. They will help you obtain and enforce protective orders.
They will also ensure custody arrangements protect children from harm. An experienced divorce lawyer will advocate for fair spousal support and property division. They will also provide a buffer between you and the abusive spouse in court proceedings, especially if you don’t want direct engagement with the other party.
A family law attorney will also help you find relevant resources and support, including shelters. In essence, handling a divorce that involves domestic violence without legal representation can leave a victim vulnerable. Having a skilled divorce attorney help protect your rights while prioritizing your safety at every stage of the divorce.
Contact a Tucson Divorce Lawyer
Domestic violence significantly impacts the divorce process, including influencing child custody, financial support, and property division. Fortunately, Arizona law provides strong protections for victims, including protective orders. However, navigating divorce cases involving domestic violence can be overwhelming and legally complex.
If you have experienced or are experiencing domestic violence during a divorce, a skilled divorce attorney can help. If you are in Tucson, AZ, contact our skilled and experienced Tucson divorce lawyers at Liberty Audette and Associates. We will guide you through the legal and emotional complexities, protect your rights, and help ensure your safety and well-being. Contact us today for a free consultation and to learn more about our family law services.