Do I have a chance of getting spousal support if I was a victim of domestic and sexual assault?

UPDATED: May 26, 2011

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Do I have a chance of getting spousal support if I was a victim of domestic and sexual assault?

I have been married for almost 3 years. My husband and I had been not getting along for a while and about 4 months ago I had to walk with the kids (ages at the time 5 months, 1 1/2, and 3) to the store. When I got back to the house he stated that he just called the state police and that I should get out . He went to jail for 10 days back in 2009 for domestic abuse myself and my our son who had to be checked out at the hospital; I was pregnant at the time. He  controlled me and spied on me and the phone calls that I made. I wasn’t even allowed to see my daughter who used to live with us.

Asked on May 26, 2011 under Family Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The fact that you were the victim of domestic and sexual assault does not take away your right to spousal support, child support (if you are a custodial parent), and also a distribution or share of the marital assets (e.g. of jointly acquired property).  The issues will likely not be legal but practical: will your husband lie in testimony, to weaken your claims? Once you are awarded some support, will he simply refuse to pay it, forcing you to take further legal action? Are you at risk, and should you get a protective order of some kind? Etc.

You should speak with an attorney right away. If you can't afford one, try talking to Legal Services--they are very good in NJ, and I believe they have a unit which provides free legal assistance to poor women who need it. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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