Domestic Violence and its Role within the Divorce Process
Although California follows no-fault grounds when it comes to divorce proceedings, many are surprised to find that violent actions can still have an impact on divorce proceedings. This blog post highlights the main ways in which accusations and/or convictions of domestic violence affect several facets of divorce. To learn more, we invite you to reach out to us at Rubin & Levavi, P.C. to speak with one of our qualified divorce attorneys.
As per California Family Code Section 4325, those who are convicted of domestic violence within five years of their divorce become ineligible to receive the spousal support they are entitled to. There have been cases where individuals have challenged this presumption, but this is an uphill battle that is very difficult to win.
Restraining orders and other stipulations arising from domestic violence make it difficult for feuding spouses to negotiate with one another. This means that parties will need to rely on legal representatives and mediators for all forms of negotiation, which in our expert opinion, is often much less productive and mutually beneficial than face-to-face, collaborative discussions.
Generally, both spouses are allowed (and recommended) to continue living in the family home during the divorce process. Accusations or convictions of domestic violence often lead to judges ordering the partner who committed the violent act to move away, which can have all sorts of negative implications in arrangements and negotiations involving child custody and support.
These are just some of the ways in which domestic violence impacts your divorce process for the worse. Want to learn more? Be sure to reach out to the reputable family law and divorce attorneys at Rubin & Levavi, P.C. Call us today to learn more about how we can help.