Domestic violence can affect many parts of a divorce, including spousal support. In California, a history of abuse may affect whether one spouse receives support from the other. This can be especially important when the abuse led to a criminal conviction. Knowing how California law treats domestic violence may help you see how it could affect your case in Manhattan Beach.
How state law considers domestic violence
California Family Code Section 4320 lists factors that courts may consider when deciding spousal support. Domestic violence can be one part of that decision. A judge may also look at how the abuse affected a spouse’s health, work or finances.
Keeping records of the abuse can help show what happened and how it affected the marriage. These records may include:
- Medical records showing injuries from abuse
- Domestic violence restraining orders
- Police reports from the Manhattan Beach Police Department or other agencies
- Text messages, emails or call logs showing threats or harassment
These records can give the court more information about the abuse and its effects. Getting help from a family law attorney can also help you present records and other facts that may matter to the court.
A conviction may affect spousal support
California Family Code Section 4325 creates a special rule when a spouse has a domestic violence conviction. If one spouse was convicted of a domestic violence crime against the other spouse within five years before the divorce case began, the court generally presumes that the convicted spouse should not receive spousal support.
The convicted spouse may try to overcome this presumption by showing that support should still be awarded. The court can review the facts of the case before making its decision.
This rule does not mean every domestic violence claim will end a spouse’s right to support. A claim, restraining order or police report is different from a criminal conviction. The specific facts and timing can matter.
Knowing what may matter
Domestic violence can affect spousal support in several ways. A criminal conviction may carry more weight than an unproven claim, while evidence of abuse may also help show its effect on a spouse’s health or ability to work.
For a divorce in Manhattan Beach, knowing which facts and records may affect spousal support can help you have a clearer picture of what the court may consider.
