While many individuals think of domestic violence as physical abuse, it can also include emotional, sexual, and financial abuse. No matter what type of abuse is present in a marriage, it is a leading cause of divorce. Domestic violence can seriously impact the divorce process, often making it more difficult than if there was no abuse present. Our team of attorneys can help explain how domestic violence can impact the divorce process.
The Impact On The Type of Divorce
The divorce will likely be contested if domestic violence is present in a marriage. This means that the divorce will not be able to be completed through mediation or collaboration. Instead, it will have to go to trial, which can take longer and be more expensive. Additionally, if there are children involved, the custody battle may be impacted by domestic violence.
It is important to note that Florida is a no-fault divorce state. This means you do not have to cite reasons or place fault when filing for a divorce. However, it can still have an impact on specific aspects of the divorce.
The Impact On The Children
If children are involved in a divorce where domestic violence is present, they have likely seen or heard the abuse taking place. This can have a serious impact on their emotional well-being and may cause them to act out in school or at home. If you are going through a divorce and there are children involved, it is important to seek professional help for both you and your children.
How Does This Impact The Custody Agreement?
When there has been a history of domestic violence in a marriage, it is likely that the victim will want to seek a sole custody agreement. This means that they would have full legal and physical custody of the children and the abuser would not have any visitation rights. In some cases, the abuser may be completely barred from having any contact with the children.
Is Supervised Visitation An Option?
If the court has reason to believe that it is in the best interest of the children to have no contact with the abuser, they may order supervised visitation. This means that there must be a third party present during all visits between the abuser and the children. The goal of this is to ensure the children are safe at all times.
The Impact On The Divorce Settlement
In many situations, the victim of domestic violence may be entitled to a larger share of the assets in a divorce settlement. This is often because they have suffered both emotionally and financially during the marriage. If you or someone that you know is filing for a divorce and there has been domestic violence present, speaking with an attorney can help you obtain the best outcome possible.
Is Having An Attorney Necessary?
While it is not required to have an attorney when going through a divorce, it is highly recommended. This is especially relevant if domestic violence is currently or has been present in the marriage. An experienced attorney will be able to help you navigate the process and ensure that your rights are protected.
If you or someone you know is currently in an abusive marriage, please seek professional help. Consider contacting the National Domestic Violence Hotline at 800-799-SAFE (800-799-7323) for more information on how to get help.
The Team at The Law Office Of Yeazell And Sweet Is Here To Support You
If you or a loved one is experiencing domestic violence, it is vital to have a support system in place. While there are community resources and national hotlines, you can also take legal action to ensure that additional protections are in place. An attorney can help you determine the safest and best course of action to end your marriage.
To schedule a consultation, call our office at (813) 285-5705 or visit us online.