DIVORCING AN ABUSIVE PARTNER IN FLORIDA

Criminal law and family statutes are in place in most states for the prevention and prosecution of domestic violence incidents. Florida offers legal options through the civil and criminal court systems. In Florida, crimes that are considered domestic violence may include:

The specific charge for a criminal offense of domestic violence depends on the individual circumstances of the incident. Florida domestic violence laws specifically include a minimum punishment of five days served in county jail. The court can also sentence a convicted offender to a period of imprisonment in Florida state prison.

In order to qualify as being an uncontested divorce, you and your divorcing spouse will need to find middle ground on all of the following matters that apply to your situation:

• The equitable division of your marital property, which refers to all those assets and debts that you took on during your married years
• Your child custody arrangements
• Child support payments
• Alimony (called spousal maintenance in Florida)
  

Each of these is important to you and your children’s post-divorce future and must be taken into careful consideration. Your dedicated family law attorney will help you protect your financial and parental rights throughout the negotiation process.

Florida is a “no fault state” when filing for divorce, meaning that fault is not necessary as a ground for dissolution of the marriage. So, legally speaking, abuse in a marriage carries no weight on the filing for divorce. When filing for divorce in Florida, you may simply indicate that the reason for filing is due to irreconcilable differences. Abuse is, however, important in issues pertaining to child custody and financial matters. When making the determination concerning equitable distribution of property, alimony, and child custody, the court may consider any history of abuse in the marriage.