Proving domestic abuse is a daunting but defining element in a divorce. Only through establishing the abuse of a spouse, whether that abuse is physical, mental, emotional, or financial, can the victim gain the personal verification and legal footing they need to move forward with their next stage in life.
The courts, legal professionals, and counseling services address domestic abuse during the divorce process. However, the emphasis is on the physical, mental, and emotional abuse of spouses and children.
Financial abuse is another effective method used by abusers to control their spouses and dependents. A financial abuser dominates all of a couple’s finances, leaving the victim spouse utterly dependent on the abuser for monetary support.
Financial abuse takes many forms. Typical manifestations of financial abuse include:
Additionally, a financial abuser may engage in dishonest practices like rerouting mail and transferring assets to their friends or family members at little or no cost.
Financial abuse is a behavior that divorce attorneys prove through evidence gathering, forensic accounting, witness testimony, and more.
Financial documentation of abuse is subpoenaed and requested for production under penalty of perjury. This may include, but is not limited to:
Forensic accountants use the above information to find hidden assets, trace spending patterns and transactions, and provide expert testimony regarding controlling a couple’s assets. A private investigator may be employed to follow an abuser to unknown banking facilities or safe deposit boxes.
Eyewitness testimony and affidavits and copies of emails, texts, and correspondence that refer to a victim’s ability to manage funds or prove domination of money by the abuser will be included in an attorney’s evidence. A mental health expert may also be asked to explain the impact of financial abuse on a victim.
If the abuser operates a business, an attorney will examine the business to divert a couple’s assets and income.
Proving financial abuse during a divorce takes time and resources. An experienced divorce attorney can seek temporary alimony and money to cover expenses while the divorce is pending. This money is to maintain the lower-earning spouse’s standard of living and is paid on a set schedule until the final divorce order.
If you are experiencing any form of domestic abuse, including financial abuse, do not hesitate to contact an experienced divorce attorney in Arizona for help. No spouse should suffer any domestic abuse at the hands of their partner.
At Wilson-Goodman Law Group, PLLC, we work diligently to free victims of financial abuse from their situations. Get the practical legal advice you need to change your life by calling our Chandler family law attorneys today.