Will domestic violence affect a Louisville divorce? How will the imposition of a restraining order impact the completion of a cost-effective divorce? How does domestic violence impact child custody and parenting time? What can be done if my former spouse is making false claims of domestic violence to gain an advantage in our divorce?
Domestic violence and resulting restraining orders do not prevent the parties from being able to seek a divorce here in Kentucky. The Commonwealth is a “no-fault” divorce state, which means our Family Courts will presume the divorce resulted from irreconcilable differences. The challenge isn’t the ability to obtain a divorce, it is the impact that domestic allegations and associated restraining orders may have upon each aspect of the divorce, especially child custody and parenting time.
When a Kentucky restraining order is issued, it usually orders the parties always to maintain a specific distance between them. Think about the impact this would have on spouses, let alone those attempting to work through a divorce. Will the spouse accused of domestic violence or those with a restraining order be required to move out of the family home? How will domestic violence affect a Louisville divorce from the perspective of property division?
The short answers to these questions are:
- Yes, domestic violence and restraining orders will have an impact on many aspects of a Louisville divorce.
- The Court must consider domestic violence allegations and restraining orders as it addresses child custody and parenting time.
- A domestic violence restraining order should not have any general effect on the division of marital property. However, the value of any damaged property may be deducted from the final property settlement.
In most cases involving domestic violence and restraining orders, the spouses work through their attorneys to negotiate the resolution of all issues associated with child custody and parenting time, child support, maintenance (spousal support), and other areas of dispute between the parties. Restraining orders are specific, and “no contact” means precisely that: no contact. Don’t call the other party to ask why this is happening. The orders in a Kentucky domestic violence case usually prohibit any attempt to contact the other party by phone, text, email, U.S. mail, passing a note through a friend or family member, or approaching or contacting the other party in any way, including social media. One also cannot attempt to have family or a friend contact another party on your behalf. Avoid all forms of contact until your attorney advises otherwise.
This is why it is important to consult with the experienced divorce and family law attorneys at Dodd & Dodd if your divorce involves any presence or allegations of domestic violence. This is especially true if your former spouse has invented these allegations in order to gain an advantage over you and your rights as a parent.
The attorneys at Dodd & Dodd have extensive experience in divorce cases and associated trials involving Louisville domestic violence issues and allegations. Your skilled Dodd & Dodd attorney can represent you in every aspect of these cases. Our work is focused upon the successful resolution of every issue within your divorce, while ensuring protections are in place to prevent violence in the future. What are your goals and objectives for your divorce?
It is important to aggressively stand up to and fight false allegations of domestic violence or child abuse. It is also vital to ensure the full protections of Kentucky law are provided to spouses, partners, children, and co-tenants of those who behave violently.
Will domestic violence affect a Louisville divorce? Yes, in many ways. If you are involved in a divorce and there are any issues associated with domestic violence or protective orders, you are going to need the advice and counsel of an experienced divorce and family law attorney from Dodd & Dodd.
We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
