Can Domestic Violence Be Considered During Divorce Proceedings?
Divorce, also called dissolution of marriage, is always a difficult event for two people, even if they agree that going their separate ways is best for both of them. Serious questions like child support, alimony and property division can become acrimonious even in the easiest of divorces, but in a proceeding where domestic violence has occurred, there can be additional factors for a court to consider.
Property Division Will Be Equitable
It is quite common in abusive relationships for one spouse to assert dominion over the couple’s finances, often denying the other spouse enough funds to leave the relationship. Because of this, an alleged victim of abuse may have very little separate property to call their own, but Florida law does not allow such a state to continue upon divorce. Florida is an equitable distribution state, which means that most marital assets and debts will be divided equitably between the spouses.
It is important to note that ‘equitably’ does not mean ‘equally’; if assets are distributed in an equitable manner, it means that they are distributed in the fairest possible way. So, if a court hears credible evidence of domestic violence in the form of financial deprivation, it is quite probable that the alleged victim may receive slightly more in marital assets than the spouse who allegedly committed the abuse.
Spousal & Child Support
Spousal support or alimony is an issue that can be very contentious for a divorcing couple, particularly if the relationship has been abusive. An allegedly abusive spouse will very often be denied if they request spousal support, given that it goes against public policy – that is, it shocks the conscience of the public – to require an alleged victim to financially support their abuser. If the victim is awarded spousal support, it can be difficult to force the other spouse to comply.
Child support, conversely, is a hard and fast obligation of parents to their child, so there is no “if” in terms of whether or not it will be awarded. Florida has guidelines which can arrive at an appropriate support obligation for the noncustodial parent, but again, it is common for noncustodial parents to ignore the obligation, particularly if there are hard feelings about the end of the marriage. The courts – and the right attorney – can help victims ensure their rights are respected.
Contact A West Palm Beach Domestic Violence Attorney
Navigating a divorce can be difficult, but trying to divorce an abusive spouse can put even more worries on a person’s shoulder. You do not have to go through this alone – a West Palm Beach criminal defense attorney at Perlet & Shiner, P.A. can help ensure that the details of what happened to you are put to the right use in divorce court. Call our office today to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html
