Domestic Violence and Divorce

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Navigating life is hard enough especially when you are doing so after moving on from an abusive relationship.  Often a survivor finds that the very last hold an abuser can claim is that of the bonds of matrimony.  Although divorce law has remained relatively true to the protection of property interests first, we have seen some evolution in the minimal requirements to break those marital ties when property is not at issue.  The two most often used grounds for divorce are the consensual divorce, where both parties agree to the dissolution of the marriage, and the separate and apart claim where both parties have lived their lives separated for a substantial period of time.  Both of these options come with caveats that often hinder a smooth transition into total freedom when one party refuses to agree just to be spiteful.

Recently, an entirely new section was added to the divorce code which has proven to be uniquely essential to our clientele.  Section 3301(c)(2) of the divorce code went into effect on June 6, 2016.  This section specifically states that “The consent of a party shall be presumed where that party has been convicted of committing a personal injury crime against the other party.”  Essentially the Legislature has said that if an individual has been convicted of physically harming their spouse, then the Court should conclude that the offending individual has essentially consented to a divorce.   There are specific personal injury crimes within the crimes code that this is applicable. 

Recently the Legislators have also shortened the time period required to establish the “separate and apart claim”.   Previously, prior to being able to request the entry of a divorce decree without the consent of the other party, two people were required to live separate and apart for a period of at least two years.   The greatest issue we saw asserting this as a grounds for divorce was that the survivor would need to remain somewhat aware of the location of the abuser in order to effectuate service of the divorce.  The law requires that the Defendant be notified of the divorce as well as be given the opportunity to rebut the claim of separation.  The updated divorce law now only requires the individuals to live separate and apart for a period one year prior to requesting the entry of the divorce decree.  This hastens the process for survivors ready to move on where the other party refuses to consent but the one year period of separation has tolled.  


This is just a brief and general overview of some of the changes in the divorce code.  Please consult an attorney with any questions. 

Written by Jamie G, Legal Assistant

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