How Does Domestic Abuse Affect My Divorce in Georgia?

Not all marriages are perfect. Even couples who love each other fight from time to time, although there is a big difference between a shouting match and a physical altercation. If you are approaching a divorce, you may be thinking back to fights during the marriage. What happens if there were past instances of domestic abuse during the marriage? How will this affect your divorce, including child custody, property division, alimony, and child support?

These questions are probably best left answered by a legal professional, such as a qualified divorce attorney in Georgia. Get in touch with one of these lawyers, and you can benefit from their experience as you strive for the best possible outcome. Whether you have committed acts of domestic abuse or you are a victim, it is important to learn how these acts can affect your divorce. With help from a qualified attorney, you can react to these factors in an efficient, confident manner. 

Domestic Abuse Can be Grounds for a Fault-Based Divorce

When couples get divorced in Georgia, they can choose either a “no-fault” or “fault-based” divorce. No-fault divorces are more common, as there is no need to prove that a specific factor led to the end of the marriage. In a no-fault divorce, you can simply say that the marriage ended because of irreconcilable differences and leave it at that. While this is certainly easier, there may be certain benefits to establishing that a spouse was at-fault in some way. One of the accepted grounds for a fault-based divorce is domestic abuse, which could be physical, mental, or sexual.

Domestic Abuse Has a Considerable Impact on Child Custody

Even if you are facing a no-fault divorce, domestic abuse can still affect the outcome. When it comes to child custody, a judge will consider the best interests of the children before making a final decision. They will consider many factors when determining these best interests, including past instances of domestic abuse. In other words, you are far less likely to achieve a positive custody arrangement if you have committed domestic abuse in the past. Note that it does not matter whether you abused your children or not. You could have abused your spouse in some way with the children completely unharmed, and you would still encounter issues in your custody battle. Possible consequences include:

  • No overnight stays
  • Supervised visits
  • You may not know your child’s address or the location of their school

Enlist the Help of a Qualified Attorney Today

If you have been searching for a qualified, experienced divorce attorney in Georgia, look no further than Lankford & Moore Law. Over the years, we have helped numerous spouses strive for the best possible outcome as they end their marriages. We know that past instances of domestic abuse can have a serious impact on your divorce, and we are ready to help you make the most of the situation at hand. Book your consultation today, and we can help you with every aspect of your divorce. 

I realized the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby — not even money, certainly not my soul.

Mahatma Gandhi

Lankford & Moore Law in Downtown Lawrenceville

Join Our Satisfied Clients

Copyright © 2021 Lankford & Moore Law
Disclaimer: This website is for informational purposes only and the use thereof does not create an attorney-client relationship. The choice of an attorney is an important decision and should not be based solely upon advertisements.

Your Problem Is Almost Solved!

Conquering Your Legal Problem... 90%