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DIVORCE CRIME

Divorce crime can involve many illegal acts that occur in relation to a divorce. A divorce crime can be a crime that one partner commits against the other which either prompts the divorce or occurs as a result of divorce. Divorce crime is a serious issue because domestic violence risks are often highest during the time of separation or divorce.

Domestic violence is one of the most common types of divorce crime. It is estimated that seventy percent of all marital violence occurs during or after separation. Domestic violence divorce crime can intensify during these periods because an abuser's anger and resentment can intensify during these periods of time. In many domestic violence situations, the abuser is concerned with control over his victim. This control can be lost upon divorce or separation, thus an abuser may be more likely to commit a violent divorce crime during these periods.

Almost half of all women who divorce were abused by their partners during marriage. This is often a motivating factor to initiate divorce, and consequently, a factor which motivates divorce crime. The time of divorce or separation is when abusive husbands are most likely to seriously injure or kill their wives and children. Abused wives should be aware of this heightened risk so that they can develop a plan to avoid this divorce crime.

The help of a legal professional can be crucial in these times because an attorney can help you gain legal protection from your abusive spouse. A plan to avoid the risk of divorce crime must include both legal and personal protections. Even when the court has ordered a person to stay away from their spouse, that person may still commit a serious and even deadly divorce crime if they so wish.

Divorce crime can also include offenses related to domestic violence such as illegal wire-tapping, assault, stalking, rape, kidnapping or false imprisonment, infecting you with herpes, HIV or AIDS, defamation, or violent gender-motivated crimes. For these divorce crime cases, the courts now allow the injured spouse to sue the perpetrator for relief from their losses and suffering.

This brings up an important warning about settlement agreement waivers. Many times a settlement agreement in a divorce proceeding will include some clause about waiving your right to all past and present claims against your spouse. This may limit your legal options in the future if a divorce crime is committed. If you are signing a divorce settlement agreement or any other divorce documentation, it is wise to speak with a qualified attorney to ensure that your rights and legal interests are protected.

In addition to domestic violence related divorce crime, there are other types of criminal activity that can relate to divorce.

If you have questions about divorce crime, please contact us to speak with a qualified and experienced family law attorney who can evaluate your case to determine how best to protect and maximize your legal interests.

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Issues Regarding Child Custody


Child Custody Rights

Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.

Custody for Fathers

Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.

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