Domestic violence can directly or indirectly impact certain aspects of a divorce settlement such as child custody, alimony, and even property division.
Each year, more than 100,000 cases of domestic violence (DV) are reported to authorities in Orlando and other parts of Florida. However, the real number of incidences of domestic violence in the state is much higher because DV remains one of the most underreported crimes in the country.
In some cases, DV becomes a primary or secondary reason for one spouse to file for divorce. Both the victim and the abuser may wonder how domestic violence will affect their divorce settlement.
Since each case is unique, you should speak with an Orlando divorce attorney at Sean Smallwood, P.A., to find out how domestic violence may affect various aspects of your divorce settlement in Florida.
How Domestic Violence Affects Child Custody
Domestic violence can have a direct impact on child custody and parent visitation arrangements. In Florida, the best interests of the child are the primary consideration for judges who award child custody.
Although Florida’s family law provides that shared parental responsibility is ideal for a child’s upbringing, the judge will most likely award sole legal custody when the other parent’s behavior or conduct could adversely affect the child. Such behavior and conduct include:
However, parents who have been accused or convicted of DV may still be awarded visitation time even if the other parent gets sole legal custody. When domestic violence comes into play, judges will consider the safety of both the abused parent and child to award child custody and establish visitation arrangements properly.
How Domestic Violence Influences Alimony (Spousal Support)
When determining alimony awards after a divorce, judges in Florida consider a variety of factors to ensure that an arrangement is fair and equitable. Although Florida courts typically do not take into account spouses’ fault, domestic violence may have an indirect impact on the spousal support award.
When evaluating whether one spouse needs and the other spouse can afford spousal support, judges will consider each spouse’s emotional and physical health, earning capacity, education, and employability. If domestic violence has negatively affected any of these factors, it can either increase or decrease alimony payments.
Does Domestic Violence Affect Property Division?
In Florida, marital property is divided between the spouses “equitably,” which does not necessarily mean equally. Quite a few factors influence equitable property division in Florida.
Although domestic violence might not directly affect how property is divided between the spouses, judges might consider any secondary effects from DV, including temporary or permanent physical, psychological, or emotional harm, diminished earning capabilities, financial losses, and other factors.
Domestic violence in the course of the marriage can bring many complications into the divorce process, which is why it is recommended to consult an Orlando divorce attorney. Here at the office of Sean Smallwood, P.A., our divorce lawyers are determined to reach fair settlements on behalf of our clients.
Call our attorneys at 407-574-6155 or complete the contact form.
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.
“I initially used Sean for my divorce and needed him to follow up on an ongoing issue that my Ex did not follow thru with. After his quick response and a letter to her, the matter was resolved quickly. I would not hesitate to use him again if needed, also would highly recommend him to anyone that needed his services. Thanks Sean for everything” — Karl
“I hired Mr. Smallwood for my child support/custody. Mr. Smallwood is an Extremely professional attorney, He does what he says he is going to do. If you ask him to do something he will guide you in the direction that best suits your needs, and will always do what you want him to do. I would definetly recommend him.” — Daniel
“Sean Smallwood and his staff were wonderfully kind, attentive, courteous and effective. They made me feel like they took my case very seriously at all times. They always returned phone calls and worked with me to be sure that I was completely comfortable every step of the way. I would recommend Sean Smallwood and his staff without hesitation.” — Elizabeth St. Hilaire
“Mr. Sean Small wood & his team are amazing people. It was my first time going through a child support case not knowing anything. Mr. Sean took his time to educated me on my rights as a father & advise me on the Necessary steps to take. They worked around my budget financially, time management & were very quick on responding back to all my questions. 5-stars all the way” — Rafael Hernandez
“From the moment I met Sean Smallwood I knew he was the attorney for me. I interviewed several attorneys (some much more costly than Sean) but I had a comfort level with Sean that I did not have with the others. The "others" made me feel like "just another child support case" and with Sean I feel he truly cares.” — Amy
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