Dealing with a divorce can be a very difficult and stressful time. During the process, many factors can affect the final verdict of a divorce, one of those being domestic violence incidents within a marriage. Whether the incident was recent, or there is a history of occurrences, this plays a significant role in divorce proceedings in Florida. Read along as we discuss how domestic violence affects a divorce.
Florida & Domestic Violence
As a “no-fault” state, you do not have to prove domestic violence in Florida to have your dissolution of marriage. However, domestic violence can influence the determination of your divorce. Domestic violence is against the law in Florida, and those accused, could face criminal charges. Such a situation can affect issues such as child custody, and whether or not there is an award of alimony or property.
If you are seeking child custody arrangements, and have been a victim of domestic violence, this is very important information to share with your attorney. This factor plays a significant role in child custody and time-sharing decisions. The judge in a case can decide if it is or if is not in a child’s best interest to spend time with a parent who has a history of domestic violence and abusive behavior.
As previously stated, Florida is a “no-fault” state for divorce, meaning the law does not require a petitioner to cite these details when filing for a divorce. But as other areas of a divorce, spousal support can also be affected under the revision of domestic violence. The history of the act can be considered when reaching an equitable solution to the amount of spousal support the victim will receive.
Understanding your rights and the legalities of domestic violence in a divorce can be overwhelming. Rest assured knowing that the experienced team here at North Tampa Legal Group is here to guide you and educate you through the process. As a result of having handled hundreds of domestic violence and abuse cases, we get right to the issue. Call us of visit us online for a consultation.