If you are in a situation where your spouse is abusive, you may be wondering how to get a divorce and what legal options are available to you. In Florida, divorce is possible even if your spouse is abusive. Here is what you need to know.
Understanding Domestic Violence in Florida
The State of Florida defines domestic violence as any assault, battery, sexual assault, stalking, kidnapping, or any other criminal offense resulting in physical injury or death of one family or household member by another, who is or was residing in the same single dwelling unit. This includes spouses, ex-spouses, persons related by blood or marriage, persons who are currently or were in a dating or social relationship of an intimate nature, and persons who are co-parenting a child together.
Filing for Divorce in Florida
If you are seeking a divorce in Florida, you will need to file a petition for dissolution of marriage with the court. You will need to state the grounds for divorce and the specific issues you wish to address, such as property division, alimony, and child custody or support. In situations where one spouse is abusive, it is important to mention this in the petition and to inform the court of any restraining orders or protective orders that have been issued.
Protective Orders and Restraining Orders
If your spouse has a history of abuse, you may be eligible for a restraining order or protective order. These orders are intended to protect you and your children from further abuse or harm. They may prohibit your spouse from contacting you, coming near your home or workplace, and otherwise interfering with your life. It is important to consult with a lawyer and get the necessary paperwork filed with the court in order to obtain these orders.
Legal Assistance and Resources
If you are a victim of domestic violence, there are resources available to you in Florida. These resources can provide information, support, and assistance throughout the divorce process. Some resources include:
- The Florida Domestic Violence Hotline
- Domestic violence shelters and safe houses
- Legal aid organizations and pro bono services
- Victim advocates and counselors
Conclusion
Divorce can be a difficult and emotional process, especially in situations where one spouse is abusive. However, it is important to prioritize your safety and well-being. If you or someone you know is a victim of domestic violence and needs help, contact local resources and legal professionals to ensure you have the support you need.