Domestic violence is a very real problem that instills terror, jeopardizes lives, and ends marriages. Because of its implications on a marriage, it is natural to have questions about how domestic violence factors into a divorce proceeding.
The decision to separate or divorce is often the most dangerous or deadly time in a relationship with domestic violence. Law enforcement knows this all too well, as do courts. This is why the law allows for victims of domestic violence to seek temporary protective orders to prohibit a person from being in physical proximity of the victim or their children.
A temporary protective order can be an important step toward ending a violent marriage. But on the other side of the coin, it is not outside the realm of bad behavior to level false accusations in order to gain leverage in a divorce.
Nevada is a No Fault State
Nevada is a no fault state, which means that for several critical parts of a divorce, including obtaining a divorce judgment, the division of property, and alimony, the issue of domestic violence largely can not be considered by a family court.
This doesn’t mean that domestic violence has no impact on any of these issues. For example, one of the common elements of domestic violence is the destruction of property, such as trashing a car or burning property. While acts of domestic violence are not to be considered by a court for certain issues, the destruction of property is a different matter. If marital property is wasted or destroyed, then the value of that property can be held against the responsible spouse.
Child custody is one critical area of divorce where evidence of domestic violence is relevant and admissible. This is because the health and safety of children are of tantamount importance to family court judges. These judges are tasked with determining custody, visitation, and access based on a child’s best interest. The right to live free of abuse, neglect, or domestic violence are high up on the list of priorities for children. A finding of domestic violence can entirely change a judge’s custody determination.
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Viloria, Oliphant, Oster & Aman, L.L.P. is a full service law firm that provides men and women with family law representation and a wide array of other legal services. Our attorneys are smart, experienced, and have a reputation of excellence. We take our duties very seriously and strive to provide our clients with the ability to move confidently into the future. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 204-0388 to schedule an appointment or contact our office through our website.