How Does Domestic Violence Affect a Divorce Case and Child Custody in Utah?

Divorce can feel complicated and emotional on its own; add in the trauma of domestic violence, and it becomes even tougher. Unfortunately, domestic violence is a complex and sensitive issue, and it’s more widespread than you think. An estimated minimum of 552,117 Utah women have or will experience DV in their lifetime.

If you’re dealing with domestic violence and seeking a divorce, you’re probably weighed down by many questions. One of the most important questions you’ll want answered is, “How does domestic violence affect a divorce case in Utah?” 

Domestic violence and divorce often go hand in hand, and Utah’s divorce laws take this very seriously. At Henriksen and Henriksen, we know how to handle these sensitive and complex domestic violence divorce cases.

Let’s find out how domestic violence and divorce intersect, especially when it comes to custody, legal rights, and your safety. 

The Link Between Domestic Violence and Divorce

Domestic violence remains one of the leading reasons couples seek divorce. Beyond breaking the trust and safety in a marriage, abuse creates an environment where staying together is unhealthy or even dangerous. As a result, divorce is a natural step after domestic violence.

In Utah, divorce is granted based on no-fault or fault-based grounds. While domestic violence can act as a fault-based reason for divorce, many people file for “irreconcilable differences.” Even if you file a no-fault divorce, evidence of domestic violence can significantly influence the proceedings, especially when it comes to alimony, property division, and child custody.

How Domestic Violence Affects Custody

Like domestic violence, divorce, and child custody are also interlinked. Utah courts apply the “best interest of the child” standard to determine physical and legal custody. This involves evaluating dozens of factors, including any history of domestic abuse. In other words, if there’s credible evidence of domestic violence, it drastically changes the custody picture.

Here are a few ways that abuse can impact custody cases:

1. Limited or Supervised Visitation

The courts may limit visitation or order supervised visits to keep children safe. If your spouse has a proven history of abuse, Utah judges will likely restrict their parenting time until they can prove they’re no longer a risk.

2. Loss of Custody

Severe or repeated abuse can lead to losing custody entirely. Judges are hesitant to award custody to an abusive parent. This is why documentation and clear evidence, such as police reports, protective orders, or medical records, are critical.

3. Protective Orders

A judge can issue protective orders to ensure your and your children’s safety. These orders prevent the abuser from contacting or approaching you and can also specify temporary custody arrangements. Violating a protective order is serious and can result in criminal charges.

How Domestic Violence Impacts Alimony and Property Division

Did you know that evidence of domestic violence can also affect your financial divorce settlement? It can influence alimony (spousal support) and property division decisions in Utah. 

Judges may consider abuse when deciding:

1. Alimony

If the abusive partner caused you significant emotional trauma or affected your capacity to work (e.g., through physical injury or psychological damage), courts might grant you higher spousal support.

2. Division of Property 

While Utah follows equitable distribution, meaning property is split fairly but not necessarily equally, abusive behavior might tip the scale. For instance, if your abusive partner destroyed marital assets, it could play a role in awarding more assets to you. 

Getting a Divorce After Domestic Violence: Steps to Take 

Filing for a divorce after domestic violence is about much more than paperwork. Your safety, emotional health, and children’s well-being must come first.

Step 1: Safety First

If you’re in danger, immediately seek help. Utah has multiple resources, including shelters, hotlines, and legal assistance for abuse survivors. Get to a safe place, and call the Utah Domestic Violence Coalition at 1-800-897-LINK (5465). Remember, your and your children’s safety should always be your priority.

Step 2: Gather Evidence

Evidence is key when seeking divorce after domestic violence. If possible, document any abuse clearly and consistently. Photos, medical reports, texts, emails, and even witness statements can go a long way in strengthening your case. Keep these documents safe and confidential.

Step 3: Get Legal Help

Getting a divorce after domestic violence can feel overwhelming. You need a legal team that understands Utah family law and has experience fighting for victims of abuse. That means working with a skilled, competent domestic violence divorce lawyer. They can help you navigate the complex legal system, protect your rights, and advocate fiercely on your behalf.

Step 4: File for a Protective Order

When you speak with your domestic violence divorce attorney, they’ll probably recommend filing for a protective order first. Utah allows survivors of domestic violence to request Protective Orders or child protective orders. These can keep your abuser away from your home and kids, which is critical as the divorce unfolds. Protective orders can also enforce boundaries regarding contact and communication.

Why Hire a Competent Domestic Violence Divorce Attorney 

When facing a divorce after experiencing domestic violence, you must retain a skilled legal representation. It’s recommended because even abusive spouses retain certain rights and retain a lawyer to assert them. 

While judges typically favor victims, they’ll ensure any decisions align with the law. Your abusive spouse may challenge evidence or claim it doesn’t affect parenting ability. This can complicate your divorce and custody matters.

However, a competent domestic violence divorce attorney in Utah will:

• Protect your rights and safety.
• Ensure that domestic violence is adequately considered in court.
• Advocate for custody arrangements that keep your children safe.
• Handle communication with your ex, minimizing confrontation.
• Guide you step-by-step, from filing to finalizing your divorce.

But above all, they’ll help you make an informed decision at every step. As an abuse survivor, you may wonder whether it’s better to settle or take your domestic violence and divorce case to trial. 

Settlements through mediation can be faster and less stressful. But if your ex is manipulating or refusing to cooperate, divorce mediation may not be the best option. Your lawyer can help you make this decision by offering unbiased, legally sound insights.

Wrapping Up 

Remember, you’re not alone. Domestic violence complicates divorce, but with the right support and resources, you can overcome this challenge. Utah courts understand the severity of abuse, and they’re here to protect victims and children. 

If you’re dealing with domestic violence and divorce, reach out to us at Henriksen & Henriksen. Our team is here to protect your rights and ensure your voice is heard clearly in court. Schedule a free consultation to get started.