How Does Domestic Violence Affect Divorce?

 Posted on May 24, 2024 in Domestic Violence

If you have experienced domestic violence in your marriage, you should strongly consider getting divorced. Domestic violence almost never stops on its own. People who physically abuse their spouses tend to get more and more violent over time and often do not stop until their victims escape–or until the violence turns fatal. If you are filing for divorce after being assaulted by your spouse, you need to take certain steps to protect yourself in case your spouse responds violently when he or she finds out that you are leaving him or her. The presence of domestic violence may affect many areas of your divorce. You need an experienced Miami, FL domestic violence and divorce lawyer to help protect your interests during your divorce. 

The Impact of Domestic Violence on Divorce Cases

The court will need to know immediately if your relationship involved physical abuse. You may need to take measures like getting a protection order to get your spouse out of your marital home and keep him or her away from your workplace and other places you frequent. You should also prepare for a contested divorce in case your abuser does not want to let you go peacefully. Parts of your divorce that might be affected if you can show that you have experienced domestic violence include: 

• Child custody - Even if your spouse has only hit you and not the children, the court might not want to give your spouse the opportunity to start treating the children the way he or she treated you. Someone who is violent toward his or her spouse is very likely to become violent toward his or her children as well. The court might not want to take that chance by giving the abuser unsupervised time with the children. 

• Spousal support - Being abused can negatively impact your earning power. You may have lost a job because you were frequently injured or because your spouse did not trust you to work outside the home. You may also suffer from emotional problems like PTSD that make working harder. 

• Division of property - Marital property in Florida is divided equitably (fairly), not equally. The court can consider the needs of each spouse. If you have lasting injuries, including psychological injuries, that alter your personal needs, the court may take this into account. If your spouse interfered with your ability to work or took control of premarital assets that were rightfully yours, this will also matter. 

Contact a Miami-Dade County, FL Divorce and Domestic Violence Lawyer 

Miami Family Law Group, PLLC is committed to helping survivors of domestic violence receive a fair and favorable divorce decree. Our experienced team of Miami, FL divorce and domestic violence lawyers can provide additional resources for you, help you file a police report, and take steps to keep you safe during your divorce like getting a protection order. Contact us at 305-520-7874 for a complimentary consultation.