Divorce is always a difficult process, but when domestic violence is involved, it becomes even more complex. Domestic violence not only affects the emotional well-being of the victim but also plays a significant role in determining child custody, protective orders, and even property division in a New Mexico divorce case.
The courts take allegations of domestic violence seriously and aim to protect victims and children from further harm. At Genus Law Group, we help individuals navigate divorce proceedings where domestic abuse is a factor, ensuring that their rights and safety are prioritized.
Defining Domestic Violence in New Mexico Divorce Cases
Domestic violence includes physical, emotional, sexual, and financial abuse within an intimate relationship. In New Mexico, abuse is not limited to spouses—it can involve current or former partners, parents, children, or other household members.
Common examples of domestic violence that can impact divorce proceedings include:
- Physical abuse (hitting, pushing, restraining)
- Threats or intimidation (verbal or written threats of harm)
- Emotional and psychological abuse (controlling behavior, humiliation, isolation)
- Sexual abuse (coercion or forced acts)
- Financial abuse (withholding money, restricting access to financial resources)
If domestic violence has played a role in the marriage, it can significantly impact divorce proceedings in various ways, including child custody, spousal support, and property division.
How Domestic Violence Affects Child Custody
In any New Mexico divorce case involving children, the court’s primary concern is the best interests of the child. If one parent has a history of domestic violence, the court will carefully evaluate whether they should have custody or visitation rights.
New Mexico courts generally assume that joint custody is best for a child unless there is strong evidence that it would be harmful. If a parent has committed domestic violence, they may face:
- Loss of Custody Rights: The court may determine that the abusive parent poses a risk to the child and award sole legal and physical custody to the other parent.
- Supervised Visitation: If a judge believes a child should maintain contact with the abusive parent, they may order supervised visitation, where visits occur in a controlled environment.
- Termination of Parental Rights: In extreme cases, a parent who poses a serious danger to the child may lose all parental rights.
Evidence of domestic violence, including police reports, medical records, protective orders, and witness statements, can significantly influence custody decisions.
Protective Orders and Their Role in Divorce Cases
Victims of domestic violence can seek a protection order (commonly known as a restraining order) to prevent further harm. A protective order can:
- Prohibit the abuser from contacting or approaching the victim and their children
- Remove the abuser from the family home
- Grant temporary custody and child support to the victim
- Restrict the abuser’s firearm possession
- Enforce legal consequences for violations
Protective orders provide immediate legal protection while the divorce case moves forward. If you are in danger, an attorney can help you obtain an emergency order of protection to secure your safety.
Impact on Property and Asset Division
New Mexico is a community property state, meaning that marital assets and debts are typically divided equally between spouses in a divorce. However, domestic violence can influence property division in several ways:
- Unequal Distribution: If one spouse suffered financial abuse or was unable to work due to the abuse, the court may award them a larger share of marital assets.
- Exclusive Possession of the Marital Home: A judge may grant the victim sole ownership of the family home, especially if there are children involved.
- Compensation for Economic Hardship: If the abuser controlled finances or prevented the victim from working, the court may order additional financial compensation.
While domestic violence does not automatically entitle a victim to more property, it can influence how assets are divided to ensure fairness and protection.
Spousal Support (Alimony) in Domestic Violence Cases
Spousal support, or alimony, may be awarded in New Mexico when one spouse has been financially dependent on the other. In cases involving domestic violence, the court may consider:
- Financial Hardship: If the victim was unable to work due to the abuse, alimony may be granted to help them regain financial independence.
- Long-Term Emotional and Physical Effects: If abuse has resulted in ongoing medical or psychological expenses, the abuser may be required to provide financial support.
- Punitive Considerations: In some cases, the court may increase alimony payments as a form of accountability for the abuser.
Spousal support is determined based on income, financial need, length of marriage, and ability to pay, but domestic violence is often a significant factor in these decisions.
How an Attorney Can Help in Domestic Violence Divorce Cases
Divorcing an abusive spouse can be emotionally and legally overwhelming, but having an experienced attorney can provide protection and support throughout the process. At Genus Law Group, we:
- Help You Obtain Protective Orders: If you need immediate legal protection, we can guide you through the process of obtaining a restraining order.
- Advocate for Child Custody and Support: We work to ensure that your child is protected from harm and that you receive appropriate custody and financial support.
- Secure Fair Property and Asset Division: We fight for a fair share of marital assets, particularly if you suffered financial abuse.
- Negotiate or Litigate Your Divorce Case: Whether your case can be settled through negotiation or requires court intervention, we provide strong legal representation.
Steps to Take If You Are in a Domestic Violence Situation
If you are in an abusive marriage and considering divorce, taking the following steps can help protect your safety and legal rights:
- Seek Immediate Protection: If you are in danger, call 911 or reach out to a local domestic violence shelter for emergency assistance.
- Gather Evidence: Document instances of abuse through photos, police reports, medical records, and witness statements.
- Secure Financial Resources: If possible, set aside money, gather important documents, and open a separate bank account.
- Consult a Family Law Attorney: An experienced divorce attorney can help you file for divorce, request a protective order, and develop a legal strategy.
- Follow Through with Legal Proceedings: Work closely with your attorney to ensure that custody, asset division, and support arrangements are handled in a way that prioritizes your safety.
Contact Genus Law Group Today!
Domestic violence significantly impacts divorce proceedings in New Mexico, particularly in areas such as child custody, protective orders, property division, and alimony. The courts aim to protect victims and their children, ensuring that abusive spouses do not have control over custody or financial assets.
At Genus Law Group, we are dedicated to helping domestic violence survivors navigate the divorce process safely and effectively. If you need legal assistance, call 505-317-4455 or Contact Us through our website today to schedule a confidential consultation. Our team is here to fight for your safety, rights, and future.
