Understanding How Domestic Violence Impacts Divorce in Allentown, PA

Domestic violence in Allentown, PA, is a persistent issue that deeply affects families, impacting their present and future lives. False accusations of domestic violence can also be damaging. In divorce cases, both scenarios occur. Sometimes, domestic violence is the cause for the dissolution of the marriage, while in other cases, false accusations are made to exact revenge on a spouse. In both circumstances, the effects are damaging to all involved parties.

At Van Horn Law, our family law attorneys in Allentown will guide you through the process, explaining everything you need to know to be safe and adhere to the rules. This is particularly important if there are children involved and one of the spouses seeks child support and/or child custody. 

Contact us online or call us at 610.437.2757  to schedule your consultation and get more information on divorce and the role domestic violence plays in it.

What Constitutes Domestic Violence in Allentown, PA

Domestic violence is a serious issue that can take many forms. Generally, it is an abusive act committed by one household or family member against another. This can include physical abuse, but it can also encompass non-physical forms of abuse such as financial abuse, emotional abuse, isolation, and stalking.

There are various circumstances under which domestic violence may be charged, including:

When one roommate is abusive towards another roommate.

When two people share a child together but no longer live with one another.

When a couple no longer lives together due to divorce or separation.

If someone has been accused of domestic violence, there are several ways their accuser may be able to prove their case:

Physical Evidence: This can include photographs and videotaped evidence of injuries, doctor reports, items used in an assault (e.g., a weapon), and damaged property.

Eye Witnesses: Testimonies from anyone who saw the domestic violence take place, including police officers, neighbors, co-workers, friends, and family.

Expert Witnesses: Experts on domestic violence can provide reports after examining the survivor(s) and analyzing the case. They can also help educate the judge and jury on domestic violence and its impact.

How Domestic Violence Impacts Divorce in Allentown, PA

In Allentown, PA, domestic violence can significantly impact divorce proceedings. Some states differentiate between fault and no-fault divorces. A fault divorce is caused by one of the spouses, with reasons including adultery, abuse, and abandonment. In contrast, a no-fault divorce is one in which neither spouse caused the separation, typically citing "irreconcilable differences" or the marriage being "irretrievably broken”.

In states that recognize fault and no-fault divorces, a fault-based divorce typically has no mandatory waiting period before it may be granted. However, in a no-fault divorce, the parties may be forced to wait an extended period before divorcing. If domestic violence is occurring, having to wait can be dangerous. A domestic violence lawyer in Allentown can advise on the best steps to take, including seeking a Protection from Abuse (PFA) Order.

Impact on Property and Debt Distribution

Courts use two standards to divide property and debt in a divorce: equitable division and community property. In an equitable division state, the court attempts to divide property and debt fairly between the parties. In a community property state, the court presumes that all marital property should be split evenly. Domestic violence can impact this distribution, as courts will consider how the abuse affected the abused spouse's ability to work or contribute to the marriage.

Impact on Alimony

Alimony, also known as Spousal Support or Alimony Pendente Lite (APL), is not designed to be a punishment. However, if the abused spouse can show that the abuse impacted their financial ability to be self-supporting, the court may award them alimony. This support is awarded only when the spouse has a reasonable need for it, which may have arisen due to the domestic violence.

Impact on Child Custody

A history of domestic violence may lead a court to determine that the abusive party is not a safe person to have custody of the children, or that visitation must be supervised. The court will always consider the evidence and decide what is in the best interest of the child. Conversely, if one spouse falsely accuses the other of domestic violence and it is proven in court, the judge may look unfavorably on the accusing spouse, potentially resulting in a custody order that favors the other spouse.

Contact Our Divorce Lawyers in Allentown Today

Divorce is challenging enough without the added layer of domestic violence. If there is abuse in the family, the courts need to know. There are ways to get help and protection. Our divorce lawyer in Allentown are here to ensure your divorce goes as smoothly as possible. In conclusion, navigating the complexities of divorce, especially when domestic violence is involved, can be overwhelming. It's crucial to have a knowledgeable and compassionate legal team by your side to guide you through this challenging time.

At Van Horn Law, we are committed to providing the support and expertise you need to protect your rights and secure a brighter future for you and your family. 

Don't hesitate to reach out to us at 610-437-2757 or fill out our online form to schedule your consultation today. 

Your journey to a safer and more secure life starts with a single step – let us help you take it.