- October 17, 2024
- Family Law
Domestic violence can have devastating and far-reaching impacts on a family. In many cases, it serves as the impetus for divorce — and, as you might imagine, it can have a significant effect on the outcome and on the divorce proceedings themselves. So how does domestic violence impact divorce in Colorado exactly? Here’s what you need to know.
Are you looking to divorce an abusive spouse in Denver? Price Family Law can help. Call us at 720-615-1750 to talk to an experienced family lawyer today.
What Constitutes Domestic Violence in Colorado?
Domestic Violence Can Affect the Whole Family
Dealing with divorce as a victim of domestic violence can be challenging and confusing. But what exactly constitutes “domestic violence” under the law? In Colorado, if you commit or threaten to commit a violent act against someone with whom you’re in an intimate relationship — or were formerly in an intimate relationship — you may have committed domestic violence. The “intimate relationship” provision of the law refers to these situations:
- You and the other person are currently married.
- You and the other person were formerly married.
- You and the other person are parents of the same child.
Notably, in Colorado, “domestic violence” also includes crimes committed toward another person, an animal, or property if those crimes were meant to control you or exact revenge. For example, if your significant other is angry that you reported them and damages your car with a baseball bat in retaliation, that would be considered domestic violence.
More often than not, domestic violence has an effect on the whole family. Current research estimates that in 30% to 60% of homes where domestic violence is perpetrated against adults, child abuse is also occurring.
If you’ve been a victim of domestic violence, your situation can have a considerable impact on your divorce. Fortunately, an experienced family law attorney can advocate for your rights while helping keep you and your children safe.
How Domestic Violence Can Impact Your Divorce
If you are going through with a divorce after deciding to leave an abusive marriage, you might be unsure of what to expect. In Colorado, a history of domestic violence can have a major impact on your divorce — and, often, that impact makes it easier for you to adjust to a life independent of your abuser. Take a closer look at how a history of domestic violence might shape the outcome of your divorce.
Division of Assets
Generally, when it comes to dividing marital assets in a divorce, the court attempts to do so equitably and without consideration for marital fault. This means that assets are usually distributed according to each spouse’s needs and not necessarily 50/50. Domestic violence can be a consideration in this distribution. Because suffering violence at the hands of a spouse can cause long-term impacts on your physical and mental health, the court may award you a greater share of marital assets in an effort to meet your needs as a result of the abuse you suffered.
For instance, if you now require long-term counseling or suffer from other debilitating mental or physical conditions as a result of the abuse, that either prevent you from maintaining employment or require expensive medical treatment, the Court may award you more of the property to ensure that you’re able to meet those needs.
Often, domestic violence comes with financial abuse or coercion. Spouses who commit domestic violence often also commit financial abuses such as:
- Preventing the other spouse from working
- Draining the funds from joint accounts
- Not allowing the other spouse access to the couple’s money
- Causing the other spouse to lose their job.
Spousal Support
In some cases, if you have been the victim of financial abuse in your marriage, the court may order the abusive spouse to pay you additional spousal support, or alimony, especially in the case where the abuse has resulted in physical, financial, or emotional harm. That extra spousal support may be awarded in addition to a large share of marital assets or instead of it. This is an area where a skilled attorney can be an essential part of your case. Your lawyer can take inventory of the many ways you were harmed by your abusive spouse and then advocate for you to receive as much financial support as possible after the divorce.
Child Custody
One of the key ways domestic violence can affect divorce in Colorado is through child custody proceedings. Barring any complicating circumstances, family courts in Colorado tend to do their best to allow parents to share child custody. However, if one parent has committed domestic violence against the other, the court could decide that the abusive parent poses a threat to the child’s safety and well-being. In serious cases of domestic violence, the abusive parent may be completely denied custody and visitation rights.
However, it’s possible that despite the domestic violence your spouse committed, it is still in the child’s best interests to have some contact with their other parent. If there is some concern about the abusive parent, the court may award them supervised visitation or order that any visitation must be in a public place. Having a child with an abusive partner may make your divorce emotionally and logistically complicated, but when you have an experienced divorce lawyer on your side, you’ll know you have a committed advocate who can stand up for your safety and that of your child.
Has Your Divorce Been Complicated by Domestic Violence?
An Experienced Family Law Attorney Can Help
Divorces are rarely straightforward, but divorces where domestic violence is a factor can be even more complicated. If you are in an abusive relationship, your first priority should be getting yourself and your children to safety. Your next priority should be to contact an experienced family lawyer. At Price Family Law, we have helped countless victims of domestic violence obtain orders of protection and file for divorce successfully in Colorado.
Getting out of an abusive marriage can feel next to impossible, but you don’t have to do it alone. Call Price Family Law at 720-615-1750 to schedule a free consultation today.
