Will a domestic violence conviction affect property division in divorce?

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The parties’ conduct during the marriage is one of several factors the court must consider in reaching an equitable division of marital assets in a divorce proceeding. That said, however, the trial court’s purpose is to reach an equitable division of the marital property, not to punish the party found at fault for the breakdown of the marriage.

Multiple factors are considered before the court decides on whether to provide an uneven division of the marital property in a domestic assault case. How long was the marriage? What were the victim’s contributions to the marital estate? What was the degree of harm to the victim? Are there any prior instances of domestic violence? Did the victim or the children of the parties suffer any emotional trauma? What financial effect will it have on the defendant if the victim is given a disproportionate share?

There is no clear-cut answer to the resolution of these issues. Often compromise and forgiveness rule the day given the vast discretion of the Court if the parties go all the way to trial. But, that said, you must have an attorney who looks at these various issues seriously so that you receive an equitable outcome. Give us a call to see if we are the right firm for you.*

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