Experiencing abuse at the hands of your spouse is an incredibly devastating matter. As such, if you file for divorce, understanding how the violence you have suffered will impact the outcome of your divorce is critical. If this unfortunately reflects your circumstances, you’ll want to keep reading to learn more about these matters and how a Monroe, Louisiana divorce lawyer can help you navigate the divorce process while fighting for the justice you deserve as a victim of abuse by your spouse.
What Constitutes Abuse in Louisiana?
Domestic abuse is a phrase used to describe the infliction of physical or mental injury. This includes physical, emotional, mental, sexual, or financial abuse at the hands of your spouse. While domestic violence is not solely limited to romantic partnerships, it is mostly commonly used to describe these instances:
- Punching, hitting, slapping, kicking
- Isolation
- Destroying objects
- Non-consensual sex acts
- Humiliation
- Manipulation, like gaslighting or love bombing
- Threats of harm or violence
- Financial control
It’s imperative to understand that leaving an abusive relationship is often easier said than done. Often, abusers not only threaten the lives of their victims, but they may also threaten their friends, children, family, and pets as a means of forcing their victims to comply. As such, many are afraid that leaving will result in harm to themselves or loved ones, and remain in the relationship out of fear.
Similarly, some victims of abuse may be manipulated into believing the abuse they are enduring is normal, or even their own fault. Abusers will often blame the victim for “making them” abusive. Because the victim believes they are to blame, they do not report the harm they suffer.
Can This Impact the Outcome of My Divorce?
It’s important to understand that you don’t need a reason to file for divorce in Louisiana, as the state accepts no-fault divorces. This means that as long as you and your spouse have lived separately for six months, you can be granted a divorce. However, for many victims of abuse, this is not a viable option. As such, you may file on fault grounds, which can impact the outcome of a divorce in Louisiana.
When filing for divorce in Louisiana, it’s imperative to understand that when abuse is present, the judge can issue an injunction, which is a protective order preventing the abuser from contacting the victim unless it is in regard to their child’s health and welfare. Additionally, they cannot be within fifty yards of your home.
If you can show that you have suffered abuse at the hands of your spouse, your divorce will be granted, and you will likely receive spousal support if you petition for it. Additionally, your abusive spouse may be barred from receiving custody of the children. The courts must consider the child’s best interest in these matters, and if there is a history of abuse, it is likely not in the child’s best interest to be in the care of the violent parent.
Going through a divorce as a victim of abuse is an incredibly challenging matter. At Breithuapt, DuBos, & Wolleson, we understand how difficult and scary this time can be, which is why we are ready to help. Our firm will do everything in our power to help guide you through this process to fight for the best possible outcome. Contact our dedicated and compassionate team today to discuss your circumstances with a member of our firm.
