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Will it help to win a divorce case if we can prove the DV victim also has been through verbal assault and spiritual abuse?

Denver, CO |

Will it help to win a divorce case if we can prove the DV victim also has been through verbal assault and spiritual abuse? The victim has been suffering from sleeping problems, messy periods, hair loss, depression, and other physical pain after the severe domestic violence 2 months ago. Some doctors even suggest that the physical harm might be forever incurable. Accordingly, can it be possible to get compensation through a legal petition? What are the main reasons to win a divorce case, especially financially?

Attorney Answers 5


  1. Best answer

    There is no such thing as "winning" a divorce. A divorce is a means of dissolving a marriage. The only thing that is really "won" is an end to being married.

    Colorado is a no-fault state. This means that parties do not get paid for being in a marriage - good or bad. The judge will not make his decision based on fault and will not be interested in hearing the allegations. Spousal maintenance (alimony) is based on ability and need - not on fault. Most marital debts and assets will be divided equally - although there is occasionally cause to argue that a different distribution is more equitable.

    Assault is a civil wrong - even between spouses, and your friend can file a civil lawsuit against her husband. If she can show truly outrageous conduct, she might even be able to file a lawsuit for intentional infliction of emotional distress. Such claims, however, will not be dealt with by the divorce court. She will need to address them separately.

    Your friend needs to sit down with an experienced family law attorney who can help her understand what she is and is not entitled to as part of her divorce. She needs to understand that no one "wins" a divorce, but it is important to try to put her in the best position possible to rebuild and move on with her life.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


  2. Wow -- your post is full of a number of disconcerting allegations. You really ought to encourage the person involved in this situation to sit down with an experienced family law attorney to discuss all of the possibilities. Domestic violence is considered in dissolution of marriage cases, but "winning" is not something I think of in such matters.

    Please -- encourage this person to seek a family law attorney's help.

    Good luck!

    DD

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  3. Any evidence of wrongdoing by the opposing party in a domestic relations case is relevant and probative. All such evidence will influence the final property settlement, alimony issues, and custody issues. You should do your best to preserve all of the evidence you described by taking photographs and writing down daily notes of what's occurring and keeping the evidence in a safe place until you see the judge.

    Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.


  4. FInd an attorney that makes the client comfortable in how they intend to proceed.

    The victim should also seek counseling. National Domestic Violence Hotline at 1−800−799−SAFE (7233) / www.thehotline.com is a good start.

    Colorado also has a crime victim compensation program. Call 303-239-4493 to help you locate the correct district to apply for compensation.

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.


  5. Pay attention to the Colorado attorneys on this one. The out-of-state attorneys who have replied to you seem to have very different laws laws in their states.

    To add to Mr. Harkess's excellent summary, the victim's personal injury claims are subject to a statute of limitations. She must file her personal injury lawsuit before the limitation period expires, and the limitations period for intentional wrongs is short. She needs to consult a personal injury attorney (and I am *not* a personal injury attorney) ASAP.

    www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.

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