Few things complicated a pending divorce like allegations of domestic violence. Whether you are a victim of domestic violence trying to escape an unsafe situation or someone accused of domestic violence, you probably wonder what influence it may have on your upcoming divorce.
Looking at your family circumstances can help you understand which of the following effects might apply to your situation.
Abuse can affect the outcome of custody cases
When one parent accuses the other of violence and there are children involved, custody often becomes an issue. Provided that there is corroborating evidence that supports the allegations of abuse, the judge presiding over a California divorce may choose to limit a parent’s access to the children or even ordered supervised visitation.
Abuse can limit your right to ask for spousal support
Alimony or spousal support is a way for a dependent spouse to regain independence after a long time out of the workforce. If your spouse has a conviction for domestic violence on their record, that will prevent them from requesting alimony from you in most cases.
They may be able to rebut the presumption that they don’t qualify if the offense was a misdemeanor. However, a felony permanently precludes them from asking for support.
The victim may need a protective order
In some cases, the courts need to issue a protective order to prevent ongoing abuse of one spouse or children by the other. That protective order could have implications on court proceedings, including the omission of one person’s address from paperwork or the requirements of one or both parties to attend hearings remotely.
Domestic violence could affect other areas of your divorce as well, especially if criminal charges or incarceration results. Your unique circumstances will absolutely influence how much of an impact the situation has on the divorce.