Domestic violence is a serious issue, and while infidelity and wrongdoing during a relationship isn’t necessary to initiate a divorce, charges of domestic violence can have a significant impact on spousal support awards.
California’s status as a “no fault divorce” state means that no reason is necessary to file for divorce, relying on the general statement of “irreconcilable differences.” However, charges or even complaints of domestic violence, both physical and verbal, can have a massive effect on awards of both custody and support.
While it may seem obvious that acts of violence should be considered when determining custody or support, California Family Code 4320 states that documented evidence must be provided when determining a spousal support order. Those specifics being noted, any reluctance to share details of a relationship, even damaging ones, can result in a much more unfavorable response from judges when determining orders.
Every detail, even minor ones, can influence the outcome of support decisions. In a case in Riverside County, a husband was being verbally abused by his spouse and moved out of the shared residence. He returned to the residence while his spouse was away, took some of his own property, some community property and vandalized some of his spouse’s personal items.
His spouse claimed she now “lived in fear” and the action was considered a form of domestic violence and applied within California Family Code 4320. Despite her earnings being over seven times what the husband earned, due to this event, her support payments were nullified.
The important factor when initiating divorce proceedings is to be open with all information and maintain a clear line of communication with an attorney to ensure that any necessary details are shared, as even the tiniest remark can have a massive effect.
If you need the protection of a Domestic Violence Restraining Order or need to defend agaminst the accusations of a request for a Domestic Violence Restraining order, do not do it alone. Call the experienced Carlsbad Domestic Violence Attorneys at Fischer & Van Thiel LLP (760) 722-7669.