How Violence Impacts A Florida Divorce Case

Family means safety. Nobody should feel unsafe in their own home or in the presence of loved ones. Unfortunately, there are more than 100,000 cases of domestic violence reported each year in Florida. This does not account for the numerous cases that go unreported.

The best way to protect yourself and your children from a violent spouse is often to remove yourselves from the home and get a divorce. At The FAB Law Firm, we proudly protect and represent victims of domestic violence who are ready to get out of violent relationships.

A question we frequently get asked is how domestic violence will impact a divorce case. There are some facets of your case that will be impacted if domestic violence is present, but it’s important to note that you do not need to prove this in order to get a divorce. You can get a divorce for any reason, violence or not.

Florida is what is referred to as an “equitable distribution” state. This means marital assets and debts will be split in an equitable manner that is fair to both parties.

When you are able to prove domestic violence occurred, the court may distribute more assets in your favor. This is because a fair and equitable distribution considers all circumstances of the separating parties.

You have to recover from the situation your ex put you through, and the courts may give you more assets in order to do so.

As we previously discussed, there are several types of alimony that are calculated using income and asset considerations in Florida. Because these are calculated mostly using actual numbers and data, domestic violence will have less of an impact on alimony payments.

However, if the court rules that the violence you suffered resulted in a loss of income or assets then this will factor into the calculation.

The area where domestic violence will have the largest impact will be the custody and visitation rights of your children. Florida will always prioritize the safety and well-being of children in a divorce. If they believe the child may be exposed to physical, mental, or emotional harm then they will remove the child from that situation.

You have an opportunity to not only protect yourself in your divorce but also your children. Proving that they or you have been the victim of domestic violence in Florida can provide you with a much more favorable ruling in a child custody case.

If you have been the victim of violence in your marriage, we want to fight for you. The FAB Law Firm will always bring aggressive, compassionate, and honest representation to the courtroom for our clients. Contact us and get the protection and representation you deserve.

If you or a loved one have been the victim of domestic violence, you can call the National Domestic Violence Hotline at 1-800-799-7233