As you have probably heard, most states, including Florida, have no-fault grounds for divorce. Other than meeting the residency requirement, the only “grounds” you need to file for divorce in Florida is proving that the marriage is “irretrievably broken.”
But fault still comes into play in some divorce cases, including when domestic abuse is alleged. In fact, abuse allegations can affect issues such as property division, alimony, and child custody and visitation. For that reason, it’s important to take abuse allegations very seriously in divorce cases.
If you are a spouse who has been victimized by abuse, then bringing the allegations forward could cause you to receive a larger share of the marital property or higher alimony. Most importantly, though, it can offer you protection from your abuser under the law, if needed.
To do this, you can ask the court to put a Protection from Abuse, or PFA, order in place, which requires your spouse to stay away from you. If you spouse violates the order, he or she can be sent to jail.
If you are a spouse who has been accused of abuse, you will want to take the accusations very seriously because they could impact your entire future. In addition to affecting the property division and alimony decisions, as explained above, child custody and visitation can also be greatly impacted.
Ultimately, no matter if you are the victim or abuse or you have been accused of abuse, it’s very important to speak with an experienced family law attorney about protecting your rights. The state of Florida takes abuse allegations very seriously, and you should too.