How Does Domestic Violence Change the Divorce Process in Florida?

Divorce is rarely straightforward, but when a case involves domestic violence, it becomes even more emotionally and legally complex. Mediation, which is used in many Florida divorce cases, may not be appropriate, and safe time-sharing arrangements for children may have to be established. Knowing how domestic violence impacts the divorce process can help victims protect themselves and make informed decisions moving forward. Below, one of our Tampa contested divorce attorneys explains in further detail.

Mediation May Not Be Possible

In Tampa, and throughout Hillsborough County, contested divorces almost always require the couple to go through mediation before a judge will schedule a final hearing or a trial. Mediation is a process that involves both spouses meeting to review the terms of divorce and, with the help of a mediator, reaching an agreement that is suitable for everyone involved. Mediation has many benefits, but it is not always practical when a case involves domestic violence.

If a temporary or final injunction is in place that prohibits contact between the two spouses, a victim should never have to meet with their abuser, not during mediation or in any other setting. Anything that brings the two spouses face-to-face is likely a violation of the order and so, it is not possible.

However, mediation may still be an option if there is no injunction in place and the two spouses are genuinely willing to work together to resolve the terms of their case. A Tampa contested divorce attorney can determine if mediation is safe or appropriate.

Time-Sharing is More Complex

When two spouses share children, it can always complicate the divorce process, but this is particularly true when domestic violence is involved. Questions that are already difficult in other cases, such as how exchanges will happen, who will pick up the kids from school, and who will attend extracurricular activities, are even harder to answer. If a no-contact order is in place, or the safety of the children is a concern, the matter becomes legally and logistically complicated.

Drop-off and pick-up exchanges may have to be arranged in a way that prevents the parents from directly interacting with each other. Decisions will also have to be made regarding which parent can attend certain events, such as sports games, school graduations, and recitals. Communication protocols also have to be established to ensure they do not create opportunities for harassment or abuse in the future.

Our Contested Divorce Attorneys in Tampa Can Help You Through These Challenges 

The above are just two challenges that are common in divorce cases that involve domestic violence. At All Family Law Group, P.A., our Tampa contested divorce attorneys can review the facts of your case to determine the challenges that may arise, and build the strongest strategy to help you overcome them while ensuring you and your rights are protected at all times. Call us now at 813-672-1900 or fill out our online form to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help. Se Habla Espanol.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html