Ending your marriage to an abusive spouse takes a lot of courage and strength. As you begin this process, your attorney will inform you of the impact it can have on your divorce, including child custody, spousal support, and property division. If you are the victim of domestic violence and are seeking a divorce from your spouse, it is crucial to obtain legal representation as soon as possible.
Here are some of the ways in which domestic violence can impact a divorce case in the state of Florida:
- Child Custody: This is often one of the most serious concerns for a parent trying to end an abusive marriage. While the legal presumption generally dictates that shared custody is the ideal solution for children, this is not the case in a divorce where domestic violence is a factor. If there is proof to support these allegations, such as a domestic violence conviction, a history of behavior that is a threat to the children’s well-being, or any other evidence of domestic violence, a judge might deny the abusive parent custody. However, it is possible he or she might still receive visitation rights.
- Spousal Support: Typically, spousal support is based on financial discrepancies that might arise after a divorce. As such, when determining this amount, a judge will consider factors that are pertinent to ensuring the sum is equitable. In some cases, it is possible for a judge to consider domestic violence as a factor if he or she believes it is relevant to determining spousal support payments.
- Asset Division: Additionally, domestic violence does not usually directly affect asset division, though it is possible for it to indirectly impact it if the abuse led to financial losses, career disruptions, or lingering injuries.
If you are in danger, get a protection order as soon as possible. A protection order will prohibit your spouse from contacting you, entering your home, contacting or visiting the children, and making any large financial moves that could harm you.
Altamonte Springs Family Law Attorney
Divorce is never easy, but domestic violence can make it an immensely more difficult experience. In fact, one of the most dangerous times in an abusive relationship is when the abused spouse leaves the marriage. The first thing you should do is seek physical and legal protection and, at the Law Office of Russell S. Hershkowitz, we are prepared to assist you. We understand the fear and emotional strain of escaping an abusive relationship and will provide the aggressive representation that can protect you during this vulnerable time.
Contact us today at (407) 753-4111 to schedule a consultation.