Does Spousal Abuse Have Any Effect on a Divorce?

August 12, 2016. Information provided by:

Of course, spousal abuse affects divorce, especially the emotional aspect of divorce. It’s hard not to feel angry and resentful of your spouse for abusing you and it’s hard not to feel ashamed about being abused and wonder why you put up with it so long. Whether abuse affects the legal aspect of divorce is up to you and your divorce attorney.

Florida has abolished the no-fault – fault distinction in filing the divorce papers. However, fault (i.e. abuse, in the current discussion) comes into play when determining equitable distribution of marital assets and liabilities, the award of alimony, and determination of parental responsibility (i.e. custody and time sharing.) If you’re considering divorce, get good legal advice on Protection from Abuse (PFA) orders, property settlements, alimony, child custody and time-sharing, and child support.

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