Can You Hold Your Abusive Spouse Accountable in a California Divorce?
For many spouses, divorce represents a chance to hold their abusers accountable. These spouses may have been forced to endure years of abuse over the course of the marriage, and this legal process may help them achieve a sense of justice and closure. But does California even allow you to do this? How can you take advantage of your situation and pursue a positive outcome due to everything you’ve been forced to endure? Let’s find out:
California is a “No-Fault” Divorce State
In California, spouses can file for divorce without providing a specific reason for doing so. This is known as a “no-fault” system, and it means that you simply need to tell the family court that your marriage can no longer continue due to irreconcilable differences. This also means that filing for divorce based on specific “grounds” like abuse is impossible in the Golden State. In many other states, you have the option of pursuing an “at-fault” divorce or a “no-fault” divorce – but you only have one option in California.
That being said, most spouses across the entire nation choose a no-fault divorce – even if they have suffered abuse at the hands of their spouse. The legal requirement to prove abuse is often extremely time-consuming – and the inconvenience may outweigh the advantages of no-fault divorce.
Can I Still Gain an Advantage as an Abuse Survivor?
Yes, you can still use your marital abuse experiences to your advantage during your divorce – even if California does not allow you to file an “at-fault” divorce. The most obvious example has to do with child custody. If you can show that your spouse abused you during the marriage, you can experience a major advantage in your custody battle – to the point where your spouse will have a very difficult time seeing your young ones for extended periods. Even if your spouse never abused your children specifically, they are considered a safety hazard in the eyes of the California family courts.
In some situations, domestic violence may also affect things like property division or support payments. For the most part, however, abusive spouses experience justice through the criminal courts. Penalties for domestic violence are strict in California, and you should always call 9-1-1 if you are experiencing this. After you get to safety, you can work with a qualified family law attorney to obtain a restraining order.
Where Can I Find a Qualified, Experienced Divorce Attorney in California?
RM Law Group, LLP has been serving divorcing spouses in California for many years. Our divorce attorney knows that it can be difficult to deal with abuse suffered during a marriage, and you may wish to hold your spouse accountable during the divorce process. With our help, you can pursue the best result possible in terms of alimony, child support, child custody, property division, and every other aspect of your divorce. Book your consultation today, get started with a solid action plan, and start pursuing real justice with our help.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
