People preparing for divorce in Arizona generally need to take their concerns to court. Even in scenarios where spouses have agreed on the exact terms of a divorce in advance, a family law judge must review and approve the proposed terms.
In scenarios involving significant conflict between the spouses, the courts can help people resolve their disagreements. Family law judges have the authority to allocate parental rights and responsibilities and to divide marital property between the spouses. In scenarios involving domestic abuse, one spouse can potentially ask the courts for support and protection. Unfortunately, an abusive spouse might also try to use the courts to their advantage.
How might those who have a history of domestic abuse sometimes use the legal process to strengthen their position?
With vexatious litigation
The simplest way for one spouse to abuse the other through the family courts is to frequently and unnecessarily require that the other come back to court for hearings. Vexatious litigation occurs when one person uses the legal system as a means of harassing or intimidating another.
Constantly filing hearing requests and attempting to use the courts to manipulate or control a spouse is a common tactic. Vexatious litigation is especially frustrating in scenarios where one spouse has the income to afford legal representation while the other does not.
With claims of parental alienation
When there are children involved, they can become a weapon used by an abusive parent to control or punish the other spouse. By alleging that any attempts to limit access or talk with the children about abusive behavior constitute parental alienation, one parent can leave the other frightened about the possibility of losing their parental rights.
Parental alienation occurs when one parent inappropriately tries to damage the relationship between the children and the other parent. Cases involving abuse do not constitute parental alienation, but abusers frequently allege that they do. A parent who may simply want to protect their children from an unstable or abusive environment may worry that their actions endanger not just their parental rights but also their children who could end up in the custody of an unstable and violent individual.
Those preparing to leave a marriage impacted by domestic violence may need help protecting themselves, and that’s okay. Understanding that abuse can complicate divorce proceedings may help people avoid common tactics used by abusers during divorce.