The prevalence of domestic violence in marriages and partnerships remains high in Massachusetts. According to statistics on Jane Doe Inc., Massachusetts reported a “dramatic increase” in domestic violence cases, particularly in aggravated assaults in 2024. The state’s total number of domestic violence incidents rose by 3% and aggravated assault incidents increased by 6%. Additionally, the number of homicides at the hands of a domestic partner sits at 19 deaths last year.
Domestic abuse and violence within a marriage or domestic partnership often serve as a turning point that leads to divorce. But how does a history of domestic assault, abuse or violence play a role in the divorce? Let’s explore the impact of domestic assault charges on divorce in the State of Massachusetts.
Domestic Violence & Divorce Proceedings
Domestic violence in all its forms plays a critical role in divorce proceedings. Domestic violence, including physical, psychological, emotional, and financial abuse, can be grounds for divorce in Massachusetts.
The Commonwealth of Massachusetts allows both “fault” and “no-fault” divorces. In cases of domestic violence, the plaintiff can cite “cruel and abusive treatment” as the grounds for divorce. The division of marital assets, including shared property, can vary based on your case’s specific details. The court may consider how the abuse you endured has impacted your employment capacity or household finances. This could potentially lead to an increase in alimony or child support, provided other relevant factors support such a decision.
Domestic Violence in Child Custody Cases
Domestic assault charges and convictions can change the outcome of child custody cases resulting from the divorce. Under Massachusetts General Law c. 209A, judges may issue temporary orders that impact decisions such as custody, parenting time, restraining orders, division of the marital home, and division of any shared property.
The Massachusetts courts are obligated to consider the “best interests of the child.” This includes investigating the safety of the home environment and the psychological impact on the child(ren). Courts generally limit the abusive spouse’s parenting or require supervised visitation.
Domestic Violence and Financial & Property Considerations
In addition to impacting divorce proceedings and child custody cases, domestic violence can shape how Massachusetts courts handle financial matters in divorce. Judges may consider the nature of the abuse when deciding: who is allowed to remain in the family home, spousal support, how finances and joint accounts will be divided, and allocation of legal fees.
Have a question about your domestic violence case and how it may impact your divorce in Massachusetts? Talk to our team at the Law Offices of Patrick Conway for a free consultation about your case.