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14 Apr. 2017

How Does Domestic Violence Change the Divorce Process?

Posted By The Buncher Law Corporation

Divorce in the State of California is based on no-fault grounds, meaning that even in situations where a spouse is accused of domestic violence, the ability to obtain a divorce typically involves irreconcilable differences between spouses. With that being said, this does not mean that violent acts will not have any impact on your divorce.

Domestic violence restraining orders can affect the divorce process in a variety of ways, including:

  1. Negotiations: While spouses are encouraged to come together and collaboratively work out the terms of their divorce through negotiations, this may not be possible if one spouse has a restraining order against them. In that event, the spouses may be legally required to stay away from one another and not communicate with each other while the protective order is in effect. While a collaborative divorce may still be possible through the use of legal representatives as intermediaries, tensions between spouses over their past history of violence can make this difficult to accomplish.
  2. Living situations: In normal situations, both spouses are allowed to remain in the family home throughout the duration of the divorce if they wish. If a spouse is accused of violent behavior, however, he or she may be ordered by a judge to vacate the family home and stay away until the restraining order is removed.
  3. Spousal support: Accusations of domestic violence can also have a substantial financial impact in some divorce cases. Under California Family Code Section 4325, it is presumed that a person convicted of domestic violence within five years of their divorce will not have any entitlement to receive spousal support. While this presumption may be challenged, doing so can be difficult.

These are just a few of the myriad of ways in which accusations of domestic violence or restraining orders may affect the outcome of your divorce. As such, it is vital to consult with a knowledgeable Irvine family law attorney from The Buncher Law Corporation to fully understand your legal options. Having handled numerous of cases and earned countless appreciative testimonials from past clients for our unparalleled advocacy, our team has what it takes to help you get through this difficult time as smoothly as possible.

Dial (949) 536-7500 or contact our office online today to discuss your case in detail.

Categories: Divorce, Domestic Violence
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