When courts do consider abusive behavior during the marriage, how is it considered in regard to property division?
If domestic violence is a factor in considering behavior during the marriage, judges and courts generally put it in one of five categories. Basically, the categories are: – Domestic violence is relevant per se, which means it is always relevant. – Domestic violence is relevant if it places an extra burden on the victim, such as medical or hospital bills. – Domestic violence is relevant if it is egregious, that is, unconscionable or incredible. – Domestic violence is relevant if it relates to the cause of the divorce. – Domestic violence is relevant if it relates to disposition or dissipation of marital assets, for example, if the husband destroys property in an effort to control his wife.
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