Will Domestic Violence Allegations Affect My Pending Florida Divorce Settlement?
The Impact of Domestic Violence Allegations on Divorce in Florida
In some divorces, false or legitimate allegations of domestic violence can dramatically affect both the financial and custody outcomes. Even false or exaggerated domestic violence accusations can create a significant financial burden on the accused spouse, who may be removed from the marital home and required to continue paying for it. This is especially common in situations where the accused spouse is the primary breadwinner, as they may still be court-ordered to pay the mortgage, utilities, and other household expenses, despite no longer living in the home.
The impact of domestic violence claims in a divorce can also influence asset division, child custody, and alimony decisions. In some cases, these allegations can lead to a more favorable divorce settlement for the accusing spouse, including larger portions of marital assets or more significant alimony payments. The family court may also scrutinize the accused spouse’s behavior during the divorce, which could lead to more restrictive parenting time and custody arrangements.
In many cases, when a restraining order is granted, the accused spouse may be removed from the home temporarily, even if they are the primary earner, and still required to pay for the mortgage, utilities, and other household expenses.
How Domestic Violence Allegations Are Used Tactically in Florida Divorces
While some domestic violence claims are legitimate, others may be used strategically to gain an unfair advantage in the settlement negotiations. In these cases, the spouse accusing the other party may be trying to leverage the situation to secure more marital assets, spousal support alimony, or child custody. The strategic use of such claims can be seen in situations where one spouse tries to gain the upper hand by playing on the emotions of the court and making it seem as though they need additional financial support or protection.
It’s important to carefully navigate these cases and consult an experienced family law attorney who can help protect your parental and financial rights. An experienced divorce attorney can assess the situation and advise on how to respond, ensuring you’re not unfairly impacted by false or exaggerated domestic violence allegations.
