Domestic violence can significantly impact divorce proceedings in Tennessee, affecting issues such as child custody, spousal support, and property division. Understanding how state laws address domestic violence can help protect victims and ensure fair outcomes in divorce cases. Protective Orders: In Tennessee, victims of domestic violence can seek protection through orders of protection, commonly known as restraining orders. These orders can prohibit the abuser from contacting or coming near the victim and may also address issues such as temporary custody of children and financial support. Violating a protective order can result in criminal and/or civil penalties.
Child Custody: Domestic violence allegations can significantly influence child custody decisions in Tennessee. Courts prioritize the safety and well-being of the children, and evidence of domestic violence may impact custody arrangements. In some cases, the court may award sole custody to the non-abusive parent or require supervised visitation to ensure the children’s safety. Under Tennessee Code §36-6-106, when determining which custody arrangement is best for the child, the court can consider the following:
- the relationship and emotional ties that exist between the child and each parent;
- the ability of each parent to provide for a child’s needs, including food, housing, clothing, medical care, and education;
- the child’s current situation and how a ruling would affect continuity in education, social relationships and overall life;
- the stability of each parent;
- the mental and physical health of each parent;
- the environment that each parent can provide, like the quality of the home, area schools, and general community;
- any history of physical or emotional abuse by either parent; and
- the personal preference of the child, if the child is 12 or older.
Property Division: Domestic violence can also impact the division of marital property in Tennessee divorce cases. Courts may consider factors such as economic misconduct or dissipation of assets related to domestic violence when determining property division. Victims of domestic violence may be entitled to a larger share of marital assets to compensate for the abuse suffered during the marriage. Under Tennessee Code §36-4-121, when determining which custody arrangement is best for the child, the court can consider the following:
(1) The duration of the marriage;(2) The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each of the parties;(3) The tangible or intangible contribution by one (1) party to the education, training or increased earning power of the other party;(4) The relative ability of each party for future acquisitions of capital assets and income;(5) The contribution of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role;(6) The value of the separate property of each party;(7) The estate of each party at the time of the marriage;(8) The economic circumstances of each party at the time the division of property is to become effective;(9) The tax consequences to each party, costs associated with the reasonably foreseeable sale of the asset, and other reasonably foreseeable expenses associated with the asset;(10) The amount of social security benefits available to each spouse; and(11) Such other factors as are necessary to consider the equities between the parties.
Legal Representation: If you are facing domestic violence allegations or seeking protection from an abusive spouse in a divorce case, it’s crucial to seek legal representation from an experienced family law attorney. An attorney can advocate for your rights, help you navigate the legal process, and ensure that your safety and best interests are protected. Navigating domestic violence issues in divorce cases can be emotionally and legally challenging. Therefore, it’s essential to seek support from an attorney experienced in family law and domestic violence matters.
In conclusion, domestic violence can have significant implications for divorce cases in Tennessee, affecting issues such as child custody, spousal support, and property division. Understanding the role of domestic violence laws and seeking legal representation from a knowledgeable attorney are crucial steps to protect your rights and achieve a fair outcome in your divorce case.
If you or someone you know is involved in or may become involved in a legal dispute, it is important to act quickly and seek legal assistance. At King Law Offices, we understand the sensitivity and complexity of these situations and are here to help. Our Experienced attorneys can guide you through your divorce and the rest of your legal issues. Contact King Law Offices today at (888)-748-KING (5464) for a consultation.