Unfortunately, many people will suffer abuse at the hands of their spouse, whether it be physical, sexual, or emotional. As such, this can cause many to terminate their marriage. However, if you are a victim of emotional abuse, understanding how it will impact your divorce is vital. If this reflects your circumstances, you’ll want to keep reading. The following blog explores what you must know about these situations and how a dedicated Los Angeles divorce attorney can help you through these challenging times.
What Constitutes Emotional Abuse?
Emotional abuse occurs when one person invalidates and manipulates their victim, lowering their self-worth and confidence while causing them to develop emotional issues like anxiety or depression. Generally, emotional abuse occurs between intimate partners but can also occur between parents and children, as well as friends.
Examples of this form of abuse include, but are not limited to, the following behaviors:
- Limiting resources like cellphone use or access to bank accounts from their partner
- Isolating the victim from their friends and family
- Yelling at, belittling, and humiliating their victim
- Refusing to give their victim any say in the relationship
- Throwing items or punching walls
- Forcing their victim to miss activities or duties by instigating a fight before they leave
It’s important to understand that another aspect of emotional abuse is known as gaslighting. This occurs when a spouse twists the words, lies, or makes jokes at your expense, only to convince you that the events that happened did not. Unfortunately, this can cause many victims to like they are imagining events, making them less willing to speak about their experiences.
How Can This Affect My California Divorce?
If you have been emotionally abused by your spouse, it’s important to understand how this will impact the outcome of your divorce. Many assume that because California is a community property state, their spouse will still receive half of the marital property, regardless of the actions they commit. However, this is not true. Domestic violence will impact the outcome of a divorce.
To begin, a judge may grant an emergency restraining order for the victim, allowing them protection from their spouse. Next, if there is evidence of emotional abuse, it may be challenging to get custody of the children.
Similarly, the courts likely will not order the victim to pay spousal support to their abuser, regardless of whether or not it is permanent or temporary. Finally, a judge may also consider that the victimized spouse has suffered economically at the hands of their spouse, awarding them a greater share of marital assets.
Going through a divorce when you are the victim of emotional abuse at the hands of your spouse is an incredibly challenging process. At the Zitser Family Law Group, our team of attorneys is here to help and protect you along the way. We will fight to ensure you get the best possible outcome for your circumstances when divorcing an abusive spouse. Contact us today to learn more.
