Ask A Divorce Lawyer: What visitation rights and financial burdens can we expect from a divorce?

Question:

My brother-in-law is stuck in an abusive marriage. He has been verbally and physically abused for about 13 years. In secret he has told me that he is afraid of leaving his wife because he doesn't know what steps to take or the consequences this move would have on his rights to see his kids and on the financial burden it would have on him.  As strange as this may sound she has control of all aspects of his life, including his computer time, which is why I am writing to you. Is there any advice you can give me to pass on to him? What are his rights should he decide to make a move?

 
Answer:

I must preface my answer that I do not practice in New Jersey.  Each state has different laws governing dissolution of marriage.  It is important that you contact a domestic litigation attorney licensed in New Jersey prior to taking any action.  
Your brother-in-law must decide what he wants to do with his life moving forward.  He can absolutely get out of this relationship through the divorce process if he so chooses.  A typical divorce involves sorting out two main areas, property and children. Addressing the financial burden, it depends on what has to be done from a legal stand point.  Often expenses for the parties can be reduced if they are willing to cooperate in the process by trying to settle it amicably. In regard to the children, he will still be involved in their lives no matter what happens in the divorce as long as the court determines that it is in the child’s best interests.  He may even be awarded custodial parent. It all depends on what is in the best interests of the children.  No matter what happens, he will still be their father.  

Steven “Lee” Akins, Jr. is a Staff Attorney in the Memphis, Tennessee office of Cordell & Cordell, P.C. Mr. Akins practices exclusively in the area of domestic relations. He received his BBA in Finance from Southern Methodist University and continued his education to receive his Juris Doctor from Texas Wesleyan University.

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