Divorce is already a stressful time for the whole family. However, a domestic violence charge can further complicate many aspects of the proceedings.
If either spouse faces these accusations, the court may make decisions that favor the safety and well-being of the other party and any children.
Child custody and parenting time
The priority of Arizona courts is to act in the best interests of children during divorces. If there is evidence of domestic violence, the court may restrict or deny parenting time to the accused spouse. In some cases, the court might order supervised visitation to ensure a child’s safety.
Additionally, the court may presume that a parent with a domestic violence charge should not have joint custody. Of course, accused parents usually have the ability to challenge these assertions with evidence showing that they aren’t a danger to their kids.
Division of assets and spousal support
Arizona is a community property state. That means the court divides assets and debts equitably but not necessarily equally.
If domestic violence played a role in causing financial harm to one spouse, the court could adjust the division of property to compensate for the damages to the harmed spouse. Also, a spouse who was the target of alleged domestic violence may receive spousal support if the court finds that financial assistance is necessary to help the individual recover.
Domestic violence charges add another layer to the divorce process. Therefore, anyone considering divorce needs to prepare to address this issue if it comes up to protect their rights and help the court make fair decisions.