How Does Domestic Violence Impact Florida Divorce?

Psychologists have defined a list of what they refer to as Adverse Childhood Experiences (ACEs), designed to help pinpoint warning signs for children who may have future mental health-related issues. Domestic violence in the home makes the list, as does divorce. While this does not mean that a couple should ‘stay together for the kids,’ it does mean that the presence of domestic violence in the home can and does affect the well-being of a couple’s children. Divorce and all its subsidiary procedures must be handled carefully.

Parental Responsibility

It is the stated intent of Florida’s legislature to prioritize the best interests of the child or children in these cases above all else. This has a direct effect on parenting time agreements. Normally, parental responsibility is shared between mother and father, as it is thought to be in a child’s best interests to have a relationship with both parents. However, if there is persuasive evidence of domestic violence against one parent, it creates a rebuttable presumption that joint parental responsibility is not in the child’s best interests.

In other words, if there is evidence that you have committed an act of domestic violence against anyone for whom the definition applies, you must then convince the court that you still would be a safe enough parent to warrant visitation or custody. It is possible, though difficult, to do this – but as stated, Florida’s legislature and courts will prioritize the best interests of the child, and deny parental responsibility or visitation if they believe that the child’s safety and well-being would be endangered.

Alimony & Asset Distribution

In addition to divorce proceedings, the presence of domestic violence in the home can also make a difference as to alimony and asset distribution. Courts have, in the past, awarded a greater amount of alimony to a spouse who was a victim of domestic abuse, particularly if that spouse had to give up a career while in the relationship. They have also granted more marital assets to the abused spouse, primarily to make up for past losses.

In addition, one more family law procedure may be implicated in the presence of domestic violence – namely, parental rights. In Florida, parental rights are essentially inviolate, giving parents wide leeway over what they can and cannot do to their children, but if abuse is found to be “severe, ongoing,” and puts the life of the child at risk, a court can and will take parental rights away. It does not happen often, but it is frequently a possibility.

Contact A West Palm Beach Domestic Violence Attorney

If you have been suffering in an abusive relationship, you deserve so much better – and with the right help on your side, you may have a chance at putting a bad situation behind you. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can give you the best chance possible to escape. Call our office today to schedule a consultation.

Source:

cdc.gov/aces/about/index.html