Does Domestic Violence Have Any Effect on a Divorce Case in Florida?

Many people who have endured physical, emotional, or sexual abuse from their spouse file for divorce in order to escape a toxic and harmful relationship. But how does domestic violence actually affect the divorce process? Can it change how marital assets are divided, or who gets custody of the kids?

Divorce is never an easy decision, but it can become even more complicated and stressful when domestic violence is a factor. Keep reading to learn how domestic violence could impact your divorce in Florida and what you can do to protect yourself and your family during the process.

You don’t have to provide evidence of abuse in order to file for divorce in Florida.

Florida is a no-fault divorce state, so you don’t need to give a specific reason to get a divorce, like abuse or infidelity. You only need to prove that your marriage is irretrievably broken and that you and your spouse can’t work things out.

Remember that although you don’t have to prove domestic violence to get a divorce in Florida, it can still influence your divorce proceedings. This is especially true when it comes to dividing marital assets and deciding child custody arrangements.

How does domestic violence influence asset division?

Florida law requires that marital assets and debts be divided equitably, but equitable does not always mean a 50/50 split. If you have been the victim of domestic violence, the court might actually award you a bigger share than your spouse.

Florida judges consider different factors when determining what is fair, and abusive behavior by one spouse definitely weighs in. So, if you can provide evidence that you were abused, you could have a good case for getting a bigger share of the marital assets. The court may also order alimony (spousal support) to help you achieve financial independence and rebuild your life.

Consider working with an experienced domestic violence attorney to make sure that all evidence of the abusive behavior is properly presented to the court. This should strengthen your case and help you secure a fair outcome in the division of assets.

How does domestic violence influence custody arrangements?

Even if your spouse has not physically harmed the children, just seeing or being around domestic violence can have lasting emotional and developmental effects on them. This is why Florida law takes allegations of abuse very seriously when making decisions that affect the custody and living arrangements of children.

If you can prove that your spouse has been abusive to you, this could result in reduced visitation privileges or even complete loss of custody for that parent. Florida judges have the authority to limit (or even outright refuse) a parent’s access to their children if it is deemed necessary for the children’s safety.

If you fear for your children’s safety, you need to address these issues during your divorce. If you need help presenting your case in a way that prioritizes your children’s best interests, consult with an experienced attorney today at the Kirlew Law Firm, PLLC today.

You have other legal options

If you have been the victim of domestic violence in Florida, know that there are options besides divorce that you can pursue to ensure your safety and the safety of your family. One is to file for a restraining order (or an injunction), which legally prohibits your spouse from contacting you or coming near you and your children.

You can also seek criminal charges against your spouse for domestic violence and have them prosecuted by the state.

Working with a team of experienced divorce attorneys in Miami, FL, can help make sure that you have the legal protection you need during this difficult time in your life.

Contact the Kirlew Law Firm for a free consultation today

Are you going through a divorce where domestic violence is involved? If so, the team of divorce attorneys at the Kirlew Law Firm is here to help you. Contact us today for a free, no-obligation phone consultation to discuss your legal options. Call us at 305.521.0484 or visit us online at www.kirlewlawfirm.com.