Domestic violence can impact not only the victim’s well-being and sense of security, but also the spouse of the abuser. If there are children involved, the issue of domestic violence becomes even more complex. A number of family law issues are impacted by domestic violence and how it is handled in court.
While the primary issue of domestic violence should be dealt with in criminal courts, it is important to recognize that the effects can impact a divorce proceeding as well. Whether the domestic violence allegations are the reason for a divorce or come up during the course of divorce proceedings, it can significantly affect child custody, spousal support, and division of assets.
Oftentimes, the most difficult part of a divorce is dealing with child custody. While it is generally believed that both parents should have an active role in the life of a child, this is not always possible. The type and level of domestic abuse may have a significant impact on child custody arrangements as well as visitation privileges. It is not uncommon for judges to place severe restrictions on parental visitation rights based upon domestic violence. This can include supervised visitation, only visiting in public places, or even prohibiting overnight visits entirely.
The amount and length of spousal support will depend on many factors, including the kind and level of domestic abuse as well as the duration of the relationship. Usually, a judge will take the victim’s history of domestic violence into account when deciding these matters. It is also not uncommon for a judge to award a larger share of the marital estate to a victim of domestic violence. This is particularly true when the nature of the domestic abuse involved economic or financial harm, such as gambling away a spouse’s savings or causing them to lose their job.
If there are allegations of domestic violence, it is not uncommon for the court to appoint an outside party, known as a Guardian ad Litem (GAL), to advocate for the best interests of the children and investigate the alleged abuse. The GAL can then recommend to the court what, if any, parenting time or involvement the abusive party should have in a child’s life. It is not uncommon for the Court to consider the GAL’s recommendations when determining the final decision regarding custody, visitation, and spousal support. Domestic violence should never happen, but if it does, it can have serious impacts on a divorce case. If you have questions about how domestic violence will impact your case, contact a Miami divorce attorney to discuss your concerns. The sooner you begin the process, the better. Contact us online or call our office to set up a free consultation with an experienced attorney.