Can Alimony be Affected by Domestic Violence?
Although a marriage can end for a variety of reasons, some marriages may end as a result of domestic violence. Whenever domestic violence is involved, the events leading up to the divorce could have been distressing and they could have involved restraining orders and arrests. Since domestic violence is a serious matter, it is important to understand whether it can impact spousal support. If you would like to learn more about your rights and responsibilities in your divorce, consult with a knowledgeable attorney who can assist you. The trusted Inland Empire attorneys at RM Law Group, LLP can provide you with the assistance you deserve.
With many years of dedicated legal service to communities in Los Angeles and Inland Empire counties, the family law attorneys at RM Law Group, LLP have unparalleled experience handling divorce cases. With tenacity and vigor, the firm is set to tackle the most complex divorce cases in Southern California, including those involving alimony and domestic violence. To schedule a free first-time consultation, consider contacting the firm today.
Divorce Law in California
In most states, cruelty and other forms of domestic violence can be cited as grounds for filing for divorce. In these states, the misconduct of the spouse will be a theme throughout the case. In the State of California, however, divorce cases are filed on a no-fault basis. This means that parties cannot cite misconduct as a basis for the divorce. Here, parties can only cite “irreconcilable differences”.
Divorce in California can oftentimes be much simpler than in other states as the law does not require a person to prove misconduct on behalf of the other spouse. Proving misconduct can quite often be time consuming and expensive. Still, parties seeking divorce may wonder whether California courts will consider factors like domestic abuse when ruling on aspects about the divorce, such as spousal support awards. Fortunately, family law courts in the state will consider issues such as domestic abuse when issuing spousal support.
Spousal Support Determinations: Domestic Violence
The purpose of spousal support is to provide financial aid from the party who has the means to pay to the other party, who is unable to support him or herself right after the divorce. Spousal support is generally one of the most contested aspects of a divorce process, since many parties disagree with having to pay their ex for support. Consequently, the issue will often go to court where a judge will make final determinations on whether the requesting party will receive the monetary support.
State law requires courts to take evidence of domestic abuse into consideration when making a determination on spousal support. Courts will never order a victim of domestic abuse to provide support to his or her abuser. When it comes to spousal support, domestic violence can involve the following:
- Sexual assault,
- Physical assault, and/or
- Emotional abuse
A Skilled Family Law Attorney Can Help
Spousal support is set to provide economic aid to the spouse who is unable to support him or herself after the divorce. Seeking spousal support can be challenging, as it is often one of the most contested aspects in a divorce. It can also be challenging when the case involves domestic violence. As a result, it is essential to obtain the qualified legal assistance of a skilled family law attorney who will ensure your rights are safeguarded.
RM Law Group, LLP has many years of qualified legal assistance handling divorce cases throughout Southern California. With offices in Rancho Cucamonga, Ontario, and San Bernardino, the firm is prepared to handle your case. Consider contacting RM Law Group, LLP for a no-obligation consultation today.