The courts look at the totality of the circumstances...that is the whole picture. You would be best served by sitting down with an experienced divorce attorney with whom you are comfortable and getting a clear picture of your situation.
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I am sorry that you are going through this. The conduct of the parties is definately a factor that the courts will look at among many other factors. Please chat with a local attny, it will be well worth it. Take care.
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The court looks at multiple factors in making decisions. Retain an experienced Florida divorce to lawyer to protect your rights.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
Though the other attorneys are correct in that the court can look at "everything" in dividing the assets and assessing alimony, as a practical matter, emotional (and, for that matter, physical) abuse really plays no role in the statutory factors a judge uses to determine equitable distribution or alimony. You can review those factors by looking at Florida Statute 61.075 (equitable distribution) and 61.08 (alimony). Though there is an identical "catch-all" factor in both statutes, I've never seen a judge use it to include abuse. If emotion abuse were used as a factor in eduitable distribution and alimony, we lawyers would probably litigate nothing else. It would still be wise to speak to a lawyer, though, and you are welcome to call me at 813-443-5249.
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Mr. Rose has an excellent answer. I would add to it only that judges are human, and as such they are more or less "moved" by stories of abuse. One of the factors that you will find in the equitable distribution statute is the very inclusive "any other factor necessary to do justice and equity." So judges listen, and while there is no specific space for "emotional abuse" on the equitable distribution worksheet, there is a space for it in the judge's mind. It is excellent that you are thinking ahead and seeking advice early.
Your studd will get divided 50/50. You will get alimony if you have need and he has ability to pay. Emotional abuse while upsetting will help your case very little. Contact my office for free consultation 727-446-7659
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