You might be wondering, why anyone most specially your soon to be ex dig up anything against you. You might have convinced yourself your ex doesn’t really need to paint you as a monster to get divorce. Michigan is a “no-fault” divorce state. Your spouse doesn’t need a reason to get rid of you or kick you out of your marriage. So, why would anyone bother to find out what can be used against you in a divorce.
How about a better deal in spousal support? How about cutting you off parenting time and custody? Would that be reason enough for you?
Click here to watch the video on What Can Be Used Against You In A Divorce In Michigan?
Property division in the divorce settlement may not be the place to do it if your spouse wants to get a better deal. The equitable property split of 50/50 or close to it will always be followed by the courts. With anything relating to your children, it’s different.
Nothing in the division of property can be used against you in a divorce discussion. However, if your activity or behavior could jeopardize the children’s welfare or safety, a Michigan divorce judge could hold that against you. Such actions may result in the loss of child custody. The fact that you are unworthy of being the custodial parent may be used against you.
A vindictive spouse can push the envelope even more and use domestic abuse or child abuse as leverage. Hurling accusations against you might just stick. A vindictive spouse may not care if it’s true or not. We have covered the inconvenient circumstance a vindictive spouse can put you through in an article, “How To Deal With A Vindictive Spouse During Divorce In Michigan” in our Legal Blog. You can read it here.
If you become aware or suspect your behavior could be used against you, it’s best to talk to your attorney about it.
The Truth Is, There’s Always Something That Can Be Used Against You
The most viable evidence the opposing party can use against you will come most likely from any of the elements of domestic abuse or child abuse. Your ex can allege or convince anyone or your own child to allege you have committed some form of domestic abuse or child abuse.
Anyone with an ax to grind can just pick from any description of domestic abuse under physical and emotional abuse and put your name beside it in a complaint, and you’re off to a courtesy visit from the police or CPS. Of course, most of the time, the court sees through all that and dismisses them. You can’t be complacent however because even a false accusation can do a lot of damage to you.
We posted an article on the serious consequences of false domestic abuse accusations but we also articulated “How To Deal With False Domestic Abuse Claims In A Michigan Divorce” in our Legal Blog and you can read all about them here.
You’re thinking and probably heard a lot from others saying emotional abuse is difficult to prove. Yes, truly it is difficult. Take note. They say it’s difficult, not impossible.
There are already approaches to go around the difficulties of proving emotional abuse. For some serendipitous circumstance you might end up in the rare statistic of being exempted from the “difficult” category and actually get arraigned. In the article we mentioned, being arraigned will be enough to change your life.
Sometimes there is no hard proof in these cases, or there are no witnesses who can speak on behalf of the claimed victim. This is due to the fact that domestic violence incidents or domestic abuse typically take place in private and depend on the testimony of the two parties involved. It’s critical to understand what evidence the prosecution may use against you if you are facing domestic abuse charges.
Let’s look at what may be used against you.
Doctor notes or medical records. Gynecologists and doctors are increasingly trained to spot abuse indicators. Resources for reporting the abuse include health care professionals. If your accuser was seeking medical attention for an injury, the doctor would have made notes regarding the alleged abuse. Without calling the police, some can just write “cause of an injury.”
Your accuser will most likely call on a trusted friend, coworker or family member who knows what’s going on and would be willing to help your accuser. There are many ways they can help document the alleged abuse.
Your accuser might have recorded random encounters or run into This can be their stalking log of your encounters.
Video or voice recording of you drunk while with kids or in your “weird episodes” in an activity at home. Or it can be any digital evidence like a voice mail or email.
When fraudulent allegations of abuse are made, the stakes are quite high.
In contrast, those seeking civil restraining orders in circumstances of domestic abuse must meet a low burden of proof and most hearings for such orders are rushed.
An application for a domestic abuse restraining order would typically include the request for an ex parte emergency order, which will be followed by a more permanent order given upon a return hearing in court. A person may file a Motion and Affidavit requesting ex parte relief in order for an ex parte restraining order to be entered.
Ex parte relief is an immediate remedy, and the claims the court considers are unrebutted by the accused party. The Court may issue a temporary restraining order on the basis of this biased submission, ejecting the defendant from the family home, forbidding contact between the defendant and the victim and frequently the children, and scheduling the case for a hearing in the near future, usually within a few weeks.
Impact On Divorce
Domestic abuse in marriage will cause Michigan courts to look more closely in the divorce case and consider it seriously even if they often divide marital property fairly. If the victim was harmed, they will take into account whatever effect the abuse may have had, such as whether it prevented the victim from working or whether marital assets were withheld.
They might also think about whether the abuse was the main cause of the marriage’s dissolution. A larger share of the marital estate may be given to the victim if they determine there is compelling evidence in her favor.
When determining spousal support, the judge takes impacts of domestic abuse into account, just as with the marital estate.
The severity of emotional and verbal abuse is well understood by Michigan’s courts, especially when it is utilized as a form of social control. The courts will typically take this into account when splitting up property and considering property in cases of more severe abuse. Here’s the thing, the court will generally not award one party more than sixty (60%) percent of the marital estate when it comes to distributing the assets, nevertheless.
Impact on Child Custody and Parenting Time
The best interest of the child factors is the key basis for the court’s deliberations and decision. In some circumstances, the court will go above and beyond the call of duty to safeguard children. While it is generally accepted that both parents should spend time with their kids and communication is essential, the court may break from this rule where one parent poses a risk to the kids. If there has been a history of domestic violence, for example, the court might restrict access in that situation.
Above all, the court strives to protect the kids, and it has a duty to put them in the most secure environment. When one parent has a history of violence, it raises concerns that they would use violence toward the children as well. Domestic violence can disqualify perpetrators from parenting time even if they are not violent toward the children.
Domestic or child abuse can have an impact on a variety of issues, not only physical custody. The children’s residence is only one aspect of custody. Additionally, it impacts the amount of parenting time permitted as well as whether the kids are allowed to spend time with a parent. Domestic violence has an effect on these two judgments.
While judges can typically examine which aspects best fit the circumstance using the best interests test, they must take domestic violence into account. They lack the freedom to ignore it or minimize it. Judges would, in any case, have very little excuse to not treat domestic violence seriously.
The court may nonetheless permit an alleged abusive parent to visit their children if provisions have been made to protect their safety. Parents might be present when their children have supervised visits, for instance. A court-appointed supervisor may accompany the visit in part or whole. The potential of a future bonding with the parent may still be preserved by the court even in cases of domestic abuse. There are other options, such as allowing the parent unsupervised visits but prohibiting overnight stays.
The parent can also be required by the court to go to counseling while the custody dispute is ongoing. This can involve taking parenting or anger management classes. It is crucial to follow the judge’s instructions and show you are dedicated to their terms if you find yourself in this situation. You and your divorce attorney could eventually demonstrate to the court you followed the judge’s orders exactly.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.