California is a no-fault divorce state, which means you are not required to prove wrongdoing, such as domestic violence, to file for divorce. However, if your spouse was abusive towards you during the marriage, it can significantly impact certain aspects of the divorce process.
First in line is child custody decisions. Courts prioritize the child’s best interests when determining custody arrangements. As such, an abusive history can influence the court when allocating custody. If there is evidence of domestic violence, it may lead to restrictions on visitation or in severe cases, a complete denial of custody or visitation rights.
Spousal support and property division considerations
California courts may deny spousal support (alimony) to an abusive spouse convicted of domestic violence within the five years preceding the divorce. Additionally, evidence of abuse may factor into the court’s assessment of the appropriate amount and duration of spousal support, even without a conviction.
Domestic violence allegations can also impact property division outcomes during divorce. For instance, if abuse led to the dissipation or misuse of marital funds or caused you significant emotional or physical harm, the court might adjust the division of property in your favor to account for these factors.
Legal protections
You can seek restraining orders to protect yourself and your children during the divorce proceedings if necessary. These orders can set boundaries or limit contact with an abusive spouse to ensure your safety.
It’s essential to understand your rights and the remedies available to you during divorce proceedings involving domestic violence. The complexities require careful navigation to increase the chances of a fair settlement. Seeking legal guidance can help you build a strong case and protect your interests while prioritizing your safety and well-being.