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Florida Women's Law Group

Domestic Abuse Impact On Divorce

Author: FWLG
Date: Nov 16 2020

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How Domestic Abuse Impacts Your Divorce

A divorce can arise for a variety of reasons, but when domestic violence is the catalyst, things can become far more complex.  Florida state law recognizes “no-fault” divorce, which means neither party needs to prove any reason for the divorce to take place.  Nonetheless, if you are a victim of domestic abuse, it is essential for your future to make it known because it will have a significant impact on the outcome of your divorce.  There are two major aspects of divorce that are impacted by domestic violence, child custody and financial and asset division.

Child Custody

When there is evidence of domestic violence in a divorce that involves children, it plays a significant role in which parent may gain custody or visitation rights with the children.  A judge may rule that a parent who has a history of domestic violence may have severely limited time with the children or may lose their custody rights altogether.

Financial and Asset Division

In a divorce case, Florida law requires equal division of marital debts and assets. In an abuse situation there is also commonly financial control/abuse which may prevent you from access to funds. Florida law does provide remedies for temporary support and in some cases temporary attorney’s fees as well.

If you are a victim of abuse, you and your children’s safety should be your first priority.   Call the police if you are in danger and visit TheHotline.org or call 800-799-SAFE (7233) to get help and additional information.  Document the abuse with pictures and police reports to have evidence for your divorce procedure.

You are not alone, even in the darkest of times, people are here to help you.  When you need support to get you through legal action, Florida Women’s Law Group is here for you.  Call us at 904-549-6553 for a consultation.

Florida Women’s Law Group