Usually, it may not matter legally which spouse files for divorce first (i.e., the plaintiff) and which spouse gets served with the divorce papers (i.e., the defendant). This is because in the eyes of the New York State family court, each party should have an equal chance at receiving fair divorce-related terms (i.e., alimony, child custody, child support, and property division). However, if your spouse has made you the victim of domestic violence, and this is the primary reason why you want to leave them, we may encourage you to act quickly and be the one who petitions first. With that being said, please read on to discover why you should initiate a divorce case first if you wish to claim domestic violence and how a seasoned Manhattan divorce attorney at Zimmet Law Group, P.C., can help you get the necessary safeguards from your spouse as soon as possible.
Why is it better to file for divorce first if I’m planning to claim domestic violence?
Simply put, filing for divorce first may offer you important protective advantages if you are involved in a domestic violence situation. This is because you may simultaneously request temporary relief when you submit your Complaint for Divorce with the New York State Supreme Court in your county of residence.
More specifically, you may ask for exclusive occupancy of your marital home, temporary custody of your shared children, and most importantly, an order of protection. Given your spouse’s history of domestic violence, there is a great possibility that they may retaliate or act recklessly when they inevitably get word that you plan to leave them.
For this reason alone, applying for an order of protection simultaneously should be a top priority of yours. Rest assured, our team has navigated our clients with your similar situation countless times. We will do everything in our power to ensure that do you not initiate a divorce case without the proper safeguards in place first.
Can claiming domestic violence influence the outcome of my divorce case?
In being the spouse that files for divorce first, you may maintain control over what you cite as the fault-based grounds. Here, you may reference domestic violence by using the term “extreme cruelty. Of course, this is much better than letting your spouse, with a history of manipulation, control, and abuse, control the narrative from the onset of your litigated proceedings.
But what’s more, your claims of domestic violence may affect the divorce-related terms that the New York State family court decides upon. For example, confirmation of this may make your spouse considered parentally unfit, which may strictly limit or eliminate their custody rights over your minor child.
In addition, if your spouse’s abuse entailed economic control over you (i.e., not letting you work and earn income, stealing your personal property, etc.), the court may compensate you for this with more favorable property division and spousal support outcomes. For this to be possible, though, you must have more than enough concrete evidence that this history of violence exists.
There is no shame in asking for help, especially when you are dealing with something as serious as a legal matter that could affect your physical, emotional, and financial well-being. So please retain legal assistance from one of the competent New York City matrimonial and family law attorneys from Zimmet Law Group, P.C. We will happily lend a hand.
