Domestic violence is a serious issue that can have a significant impact on many aspects of life, including the dissolution of a marriage.
In California, a domestic violence charge may affect various aspects of your divorce, from child custody to property division.
Protecting the best interests of the child
One of the most significant ways a domestic violence charge can affect a divorce in California is its impact on child custody decisions. The state prioritizes the best interests of the child when making custody determinations, and any history of domestic violence is a critical factor the court will consider.
A parent with a domestic violence charge may face restrictions on custody or visitation rights. The court may order supervised visitation or even deny visitation rights altogether if it determines that the parent poses a threat to the child’s safety or well-being. In extreme cases, the court may also terminate the abusive parent’s parental rights.
Equitable distribution and support considerations
In California, property division in a divorce follows the principle of equitable distribution, which means that marital assets are divided fairly between both spouses. While a domestic violence charge does not automatically alter property division, it can be a factor the court considers when making its decision.
A domestic violence charge may also influence spousal support decisions. In California, a history of domestic violence is a factor the court can consider when determining whether to award spousal support and the amount of support to be paid. In some cases, a domestic violence charge may lead to the abusive spouse being required to pay more in spousal support than they otherwise would have.
If you are facing a divorce with a domestic violence charge, it is essential to understand the potential consequences and to seek the necessary support and resources to ensure a fair and just outcome.