More than 100,000 cases of domestic violence are reported to the authorities across Florida every single year. Many more cases go unreported as well. Domestic violence is also one of the main reasons an individual files for divorce. What you may or may not know is that domestic violence can directly or indirectly impact areas of a divorce settlement, including alimony, child custody, and asset and property division.
Domestic violence could have an impact on alimony settlements. Florida judges consider various factors before awarding alimony, which includes each spouse’s income, earning ability, employability, physical and emotional health, and much more. If domestic violence negatively affected any of these factors, it could influence an alimony award. It is important to note that if one spouse does not prove he/she needs alimony or the other cannot afford to make alimony payments, that the court will not award this kind of support.
In the state of Florida, the most important factor for determining child custody is the child’s best interests. Therefore, instances of domestic violence will have a direct impact on a child custody and visitation agreement as it goes against what is in the best interests of the child.
So, do domestic violence allegations also impact child custody? The court could award sole legal custody to the other parent in the event of allegations of a conviction of domestic violence, evidence domestic violence occurred, child abuse, and/or neglect.
It is possible for a parent who has been accused or convicted of domestic violence to be still awarded visitation time, which may be supervised.
Domestic violence is not a direct factor that is taken into consideration before dividing assets and property in a divorce. However, the court could take how domestic violence impacted your spouse financially, emotionally, and/or psychologically.
For more asistance determining if domestic violence will impact your divorce, contact our firm online or call our office at (727) 862-4411.