Should I report abuse during a divorce proceeding?
Should I report it to the police before the proceedings begin?
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As for whether to report the assault:
If your primary concern is your safety and well-being, then reporting the assault is absolutely reasonable and within your rights. However, if your concern is avoiding criminal consequences for your spouse, that’s a personal choice. You are not legally required to report the incident. But if the abuse continues or escalates, it would be in your best interest to notify authorities immediately.
You may also consider the following options that stop short of pressing charges:
- Filing a petition for a protective injunction (commonly called a restraining order), even temporarily, especially if you fear further harm.
- Providing your evidence to the court in the divorce proceedings if you seek favorable terms on financial or custody issues.
In sum:
- You are not required to report the assault to move forward with the divorce.
- Reporting is your choice, and your concern for your spouse’s legal exposure is understandable.
- However, your personal safety, rights, and well-being should take precedence.
- If the incident becomes relevant in court (e.g., during hearings for alimony, injunctions, etc.), you can submit your evidence at that time.
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I just filed for divorce. I checked the irreconcilable differences box, but the real reason is that she assaulted me. I have written and recorded proof, and yes, she agreed to my recording.
Should I report it to the police before the proceedings begin?
I'm sorry to hear about your situation. Have you discussed the assault with your divorce attorney?
I do not have an attorney. I am 100 percent disabled and cannot afford one.
Do you have any concerns about how reporting the assault to the police might impact your divorce proceedings?
Yes. But my concerns are more that I do not want her to go to jail.
Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with your divorce proceedings.
No
Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance.
Please be advised that this website is for information purposes only, and I cannot formally represent customers of this website or perform actual legal services on your behalf. I know your question is important, and I’m working on typing an answer to your question now. Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type your answers to you and also to others.
What state are you in?
Florida.
No-fault state
Thank you for the additional information. You're correct that Florida is a no-fault divorce state, which means you do not need to prove wrongdoing such as abuse in order to obtain a divorce. Stating "irreconcilable differences" is sufficient for the court to grant the dissolution of marriage.
That said, the fact that your spouse assaulted you—and that you have documented proof (including with her consent to the recording)—can still be relevant in other aspects of the case, particularly if issues such as:
- Spousal support/alimony
- Division of property
- Requests for injunctions or protective orders
- Child custody or visitation (if applicable)
…come into play.
As for whether to report the assault:
If your primary concern is your safety and well-being, then reporting the assault is absolutely reasonable and within your rights. However, if your concern is avoiding criminal consequences for your spouse, that’s a personal choice. You are not legally required to report the incident. But if the abuse continues or escalates, it would be in your best interest to notify authorities immediately.
You may also consider the following options that stop short of pressing charges:
- Filing a petition for a protective injunction (commonly called a restraining order), even temporarily, especially if you fear further harm.
- Providing your evidence to the court in the divorce proceedings if you seek favorable terms on financial or custody issues.
In sum:
- You are not required to report the assault to move forward with the divorce.
- Reporting is your choice, and your concern for your spouse’s legal exposure is understandable.
- However, your personal safety, rights, and well-being should take precedence.
- If the incident becomes relevant in court (e.g., during hearings for alimony, injunctions, etc.), you can submit your evidence at that time.
Oh, I can hold off until the proceeding and it would impact the decision of the judge in the same manner as reporting it beforehand?
That is correct.
Should I add an affidavit or the written and audio evidence into the case prior to the proceedings? Or, just bring it with me at the time of the trial
Unfortunately, I cannot give you direct legal advice. I can only answer general legal questions for educational purposes only.
I know I can present evidence. I looked up the court proceedings, and I don't know if you can answer another question without me paying more.
I can answer direct follow-up questions that do not require legal advice.
Can I file the evidence prior to the proceedings in the form of affidavit and original copies of the documents, and the audio recordings?
Yes, you can file evidence in the court file.
Like motions, I assume
That is correct.
And that's the last thing I would like to know from you, the rest I will continue to research on my own.
No problem and best of luck.
