HOW DOES DOMESTIC VIOLENCE AFFECT FLORIDA DIVORCE?
Many divorces are affected by various complex issues; however, they tend to get extraordinarily complicated when domestic violence is involved. In many cases, domestic violence incidents may be recent, and sometimes they are the very cause of the divorce filing. But, even if the violence was not recent, a history of abusive and violent actions may play a significant role in the divorce proceedings in Florida.
Domestic violence is against the law in Florida, and many violent spouses face criminal charges. However, a majority of the offenders are not aware of the impact their violent actions might have on divorce determinations.
You do not have to cite or prove domestic violence in Florida to have your dissolution of marriage because the state law recognizes “no-fault” divorces. However, if you have been a victim of domestic violence, you may want to bring up the issue as part of your case. Safety is always a concern and a priority. An experienced attorney will know how and when to use evidence of domestic violence to help you in the divorce proceedings.
Domestic violence may impact the following divorce determinations:
Child Custody
Domestic violence can play a significant role in child custody and time-sharing division. In some cases, the court can decide that it is not in the child’s best interest to spend substantial time with a parent who has a history of domestic violence and abusive behavior. The judge may even award full custody to one parent and require supervised visits for the other parent if judge suspects the child might be in danger when alone with the potentially abusive parent.
If a parent has a criminal conviction for first-degree domestic violence, Florida custody law requires the court to assume the child is in danger with this parent, unless the parent shows otherwise. For these reasons, parents with a domestic violence history or convictions need to have an experienced attorney who knows how to fight for a favorable time-sharing decision. If you are a victim of domestic violence your attorney needs to know this.
Property Division
When it comes to property division, Florida law favors an equitable division of all assets and debts. However, it doesn’t mean property division has to be equal – the court can distribute property in a manner they find fair and just. The law requires courts to consider a fair number of specific factors in making this determination. Domestic violence may be one of the factors considered in these determinations, and it may affect the court to order property division that is favorable to the victim, at the loss of the abuser.
Spousal Support
When figuring out the amount to award for spousal support in Florida, the judges can consider a large number of factors that they find relevant to reaching an equitable solution. Even though in most cases the judges do not consider the fault grounds, abuse included, there still are some situations where domestic violence impacts this settlement indirectly.
Because it is a no-fault state for divorce, Florida laws don’t require a petitioner to cite marital misconduct when filing for a divorce. But if there is a history of domestic violence, the court may consider it when ruling on several aspects of the divorce. Domestic violence is a serious issue for spouses and children. Please seek legal counsel if domestic violence is involved in your family law issue or divorce.
Know your rights. To discuss divorce or other family law matters call Debora A. Diaz at 727-846-1802.