[FL] Should I report my wife’s assault to the police before a divorce proceeding?
I just filed for divorce. I checked the “irreconcilable differences” box, but the real reason is that my wife assaulted me. I have written and audio proof, and she agreed to be recorded. Should I report it to the police before the dissolution of marriage begins?
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Florida is no-fault, so “irreconcilable differences” is enough to get a divorce (§61.052). However, the assault (and your documented proof with her consent) can matter for things like:
- Spousal support/alimony
- Property division
- Protective injunctions (restraining orders)
- (If applicable) custody/visitation
As for reporting: it’s your choice. You’re not required to report to move forward with divorce. If safety is a concern, reporting is reasonable. If you don’t want criminal consequences for your spouse, you can choose not to report. If abuse continues or escalates, contact authorities immediately. You can also consider a protective injunction and present your evidence in the divorce if financial issues or other relief are at stake (§741.30).
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I just filed for divorce. I checked the “irreconcilable differences” box, but the real reason is that my wife assaulted me. I have written and audio proof, and she agreed to be recorded. Should I report it to the police before the dissolution of marriage begins?
Lexi, Chatbot
I’m sorry to hear about your situation. Have you discussed the assault with your divorce attorney?
I don’t have an attorney. I’m 100% disabled and can’t afford one.
Lexi, Chatbot
Do you have concerns about how reporting to the police might impact your divorce?
Yes, but my bigger concern is I don’t want my wife to go to jail.
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you?
Yes.
Richard
Hello, I’m Richard, an attorney of 25+ years. This is information only; I can’t represent you here. What state are you in?
Florida, Pasco County 34690. It’s a no-fault state.
Richard
Florida is no-fault, so “irreconcilable differences” is enough to get a divorce (§61.052). However, the assault (and your documented proof with her consent) can matter for things like:
- Spousal support/alimony
- Property division
- Protective injunctions (restraining orders)
- (If applicable) custody/visitation
As for reporting: it’s your choice. You’re not required to report to move forward with divorce. If safety is a concern, reporting is reasonable. If you don’t want criminal consequences for your spouse, you can choose not to report. If abuse continues or escalates, contact authorities immediately. You can also consider a protective injunction and present your evidence in the divorce if financial issues or other relief are at stake (§741.30).
No kids, thank God. So I can hold off until the proceedings, and it would impact the judge the same as reporting beforehand?
Richard
That is correct.
Should I add an affidavit or the written/audio evidence into the case before proceedings, or just bring it to trial?
Richard
I can’t give direct legal advice—only general info.
I know I can present evidence. One more question if you can: can I file the evidence before the proceedings into the case number as an affidavit, with the documents and audio?
Richard
Yes, you can file evidence in the court file.
Like motions, I assume?
Richard
That is correct.
That’s all. I’ll research the rest on my own.
Richard
No problem. Best of luck.
Okay, I’ll assume you can’t answer more about filing before the procedure. Thank you.
Richard
No problem.
Richard
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