Divorce Attorney Tampa FL
There are times when couples opt to move forward with the divorce process in an amicable way and are able to iron out any differences related to property and child custody with few delays. But when marriages end as a result of abuse or neglect, the process is rarely so smooth. When power structures within a relationship become imbalanced in unhealthy ways, it is not generally easy for two people to come to an equitable agreement in the wake of their romantic split without significant legal assistance. Without help, the victim of abuse or neglect within the relationship runs a real risk of being taken advantage of during the divorce process.
If your spouse has a history of emotionally abusive behavior, please consider contacting The McKinney Law Group and allowing a divorce attorney to advise you of your legal options. You will not be obligated to take any actions whatsoever, but you will be able to make more informed choices about your divorce process as a result of this kind of consultation. Securing an equitable divorce settlement when involved in an abusive relationship often begins with ensuring that you have adequate support.
Emotional Abuse and the Divorce Process
Most modern divorces are filed as “no-fault” which essentially means that it doesn’t matter to the court why a couple has determined that they no longer wish to remain married. However, if fault-based divorce is available in your state and abuse factors into your decision to end your marriage, it is worth discussing this option with your divorce attorney, as it may impact certain elements of your divorce process.
If you file a no-fault divorce, the abuse you have suffered still may impact your property division and spousal support awards, depending on the unique circumstances of your case. Due to judicial discretion standards, there are no hard and fast rules about these kinds of situations. However, an experienced attorney will be able to explain likely outcomes after hearing the particulars of your situation.
What About the Children?
If your spouse has been emotionally abusive to you, this may or may not directly impact your child custody case. The law holds that child custody disputes must be resolved in ways that are consistent with the best interests of affected children. If you can prove that your spouse is emotionally abusive to your children, this will likely impact a judge’s calculus. However, if your spouse is not emotionally abusive to your children, it is possible that a judge will weigh your spouse’s rights to custody and/or visitation more heavily than the risk that he or she may become emotionally abusive towards them in the future. This is a huge risk for a judge to take, but it is certainly not unheard of.
Generally, the best thing you can do is talk to your Tampa FL divorce attorney about any concerns you may have related to the physical and emotional well-being of your children. Your attorney will then take steps to build a strong legal case with these concerns in mind. If you can successfully argue that your spouse’s abusive behaviors will impact your children’s best interests, a judge will be compelled to take this reality into account when making an ultimate determination.
You Are Not Alone
If you have suffered abuse of any kind as a result of your spouse’s behavior, please know that you are not alone. Many Americans struggle with this challenge and many come out the other side of the divorce process healthier and happier despite the difficulties inherent in leaving someone who has been terribly hurtful.
If you have questions about the divorce process, please do not hesitate to reach out to a divorce attorney Tampa FL families depend on from The McKinney Law Group. We will do our experienced best to advise you well and support you as you make the healthiest decisions for you and any children you may have.