While there are many reasons to get a divorce, one of the more serious reasons is the existence of domestic violence in a marriage. Here is how domestic violence affects divorce in California.
Domestic Violence Creates an Exception to the Rule of No-Fault Divorce
California is a no-fault divorce state, meaning that you do not have to prove that either spouse is to blame in order to get a divorce. However, there is an exception in the case of domestic violence or abuse which includes:
- Physical abuse
- Sexual assault
- Emotional abuse
- Stalking
- Harassment
- Threatening injury
- Intimidation
- Isolation
- Deprivation of basic necessities
- Monitoring a party’s movements or communications
- Controlling the other party’s access to economic resources or services
A history of domestic violence in a marriage will change the way that a California family court looks at certain issues related to your divorce.
Domestic Violence Restraining Orders
While your divorce is pending, you can file for a domestic violence restraining order. This is essentially a no-contact order to protect yourself and any children from your spouse. Also, a domestic violence restraining order can restrict their access to firearms and make your spouse move out of your house.
Related: Domestic Violence Restraining Orders in California
Spousal Support is Not Awarded to Abusers
If your spouse has a history of domestic abuse against you in the past 5 years, the court will determine that they are not entitled to any temporary spousal support or alimony. A conviction for any violent sexual felony will make that determination permanent.
Related: How to Get Spousal Support in California
The Impact of Domestic Violence on Child Custody and Visitation
If the court is aware that a party seeking custody committed domestic violence against a child, sibling, or other party with whom they had a relationship with in the last 5 years, the presumption is created that he or she should not receive sole or joint child custody. The only way for the abuser to overcome this presumption is proof they have completed all the batterer’s treatment programs, alcohol and drug counseling, psychological counseling, probation or parole requirements, and any parenting classes ordered by any court.
Related: How Domestic Violence Affects Divorce in California
Domestic Abuse Convictions and Property Division
When considering the division of property, a California family court judge is allowed to consider domestic violence, even when they would not otherwise consider evidence of misconduct. If the domestic abuse resulted in judgement in a separate civil lawsuit, the family court judge can adjust the division of community property to compensate for the survivor’s losses. The court may even award the survivor of domestic violence all of the community property shares of an abuser’s pensions, 401(k), or other retirement account.
Contact Her Lawyer
If you or a loved one would like to know more about how domestic violence affects divorce in California, contact us. Get your free consultation with one of our California Divorce Attorneys today!