Divorce in a domestic violence situation can create a difficult situation. However, you still have rights, and the court will usually help you as much as possible to stay safe.
When the court considers alimony, having a record of domestic violence in your marriage can help according to the California Courts.
Any type of domestic violence, including that against your children, becomes part of the record in your divorce. The court will consider it when making alimony decisions.
The court will include physical and emotional abuse. It will also consider cases where there is a nolo contendere plea.
If you have a protective order against your estranged spouse, this also is something the court will want to see. It will use this in making its decision. The court may also issue an order after you file your divorce.
You should note that domestic violence is only one factor the court will consider when awarding alimony. Just because your case includes it does not mean the court will automatically award you spousal support payments. It is only part of the considerations. However, if the judge is unsure what to do in your case, a domestic violence history can help to push the judge in the direction of awarding you alimony.
Keep in mind that the court only knows what you tell it. You must make sure you submit all paperwork and evidence of domestic violence when you file your case. If you do not give the court the paperwork or make it aware of your situation, then the judge cannot use that information to determine your alimony award.