Divorce trials are highly emotional and stressful for all parties, and if abuse is or was present in the relationship, it can be difficult to talk about and challenging to prove. During your discussions with your lawyer, you should always be completely honest. If you were abused by your spouse, bring it up during the divorce trial. Otherwise, it will be very difficult to go back and prove it later on.
Each divorce is different, but once a marriage is dissolved and the court settles on the terms of your divorce, something specific will have to happen in order to get that judgment changed or amended. That’s why it’s important to bring all matters to the court’s attention before the final judgment is handed down. If some kind of abuse begins after the divorce, you can take the matter back to court and have it dealt with by the judge. However, if you decide you want to bring up abuse that occurred during the marriage, you’re going to have a difficult time getting something in the divorced changed. The courts will believe you had the opportunity to present such evidence at an earlier time, before the divorce was settled.
Talk to an experienced family law attorney if you were abused during your marriage and you don’t feel like you had the chance to express that during the course of the divorce. It’s not guaranteed that you’ll get any different legal outcome, but it might be relevant where child custody and visitation is concerned.
This post was written by David Hurvitz. Follow David on Google+.