How Does Domestic Violence Impact Divorce?

If you have suffered from domestic violence in your marriage, it is important to consider divorce. Domestic violence does not ease or stop on its own. In most cases, it only ends when the victim is able to escape the situation, or when it becomes fatal. The thought of filing for divorce is particularly frightening for victims of domestic violence. You may be concerned that your spouse will respond in a violent manner when they learn that you are leaving. Below, our Orlando domestic violence lawyer explains the steps to take and how your case may be impacted.

How to Prepare for Divorce Involving Domestic Violence 

If your marriage involves physical abuse, it is important to tell the court right away. You may need to obtain a protection order to remove your spouse from the marital home and keep them away from your place of work and other locations you frequent. The majority of divorce cases that involve domestic violence are also contested, so it is important to prepare for disagreements and disputes. An Orlando domestic violence lawyer can help you through these steps and will make your safety their top priority.

How is Divorce Impacted by Domestic Violence? 

Domestic violence will impact your divorce in a number of ways. These are as follows:

• Child custody: Even if your spouse has never abused your children, the family courts may be hesitant to place them in a situation in which they may become harmed. If your spouse has acted violently towards you, it is likely that they will eventually become abusive towards your children, as well. The court may award you sole custody and may order that your spouse has supervised visitation.
• Alimony: Domestic violence can impact alimony decisions, as well. Your spouse may have isolated you during the marriage by not allowing you to work. Or, you may have lost a job because you were frequently injured. You may also suffer from anxiety, depression, post-traumatic stress disorder, and other mental health issues that can make working difficult.
• Property division: Property in Florida divorces is divided equitably, or fairly. The court will consider the needs of each spouse when dividing marital property. The court will also take any long-term injuries, such as psychological injuries, into consideration, as well. If your spouse refused to allow you to work or they took separate property that was yours and that you owned before the marriage, the court will also consider these factors.

Our Domestic Violence Lawyer in Orlando Can Help with Your Case

 At Anderson & Ferrin, P.A., our Orlando domestic violence lawyer is committed to helping survivors obtain a divorce decree that is fair and favorable to them. We will put that experience to work for you, too. We can provide the resources you need, help file the police report, and take the necessary steps to protect your safety, such as helping you obtain a protection order. Call us now at 407-412-7041 or contact us online to schedule a consultation with one of our experienced attorneys and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html