There are many reasons why a dissolution of marriage becomes necessary. Spouses grow apart. Partners fall out of love. Individuals change their life goals. Occasionally, divorce becomes an essential requirement for safety reasons if the mate in abusive. Although under most circumstances, California is a no-fault state and anyone can divorce, domestic abuse in a marriage can affect the outcome of the divorce proceedings.Married without ChildrenOnce you are married, any abuse that ensures during the marriage is labeled as domestic abuse. The law defines domestic abuse as:Physically harming or attempting to hurt someone, either intentionally or senselessly,Sexual assault,Creation of reasonable fear of imminent harm,Behavior like harassing, stalking, threatening, or physically touching someone,Disturbing the peace at home, orDestruction of personal property.Violence is not a requirement for divorce. Anyone can divorce in California. However, domestic violence can have an impact on property division and spousal support payments. The length of time and the severity of the abuse influences the decision of the court. Also, an abusive spouse is not eligible to receive support payments if the incident occurred within the previous five years.Married with ChildrenDuring divorce cases with children in the home, decisions over child arrangements are often the most emotional. Custody can be either joint custody where it is shared equally between two parents or sole custody where one parent becomes the primary. Furthermore, there is a segregation of legal and physical custody. Physical custody refers to the home the child will be living in where legal is a determination of who makes the decisions about the life of the child.In any divorce proceeding, a judge must take into consideration the best interest of the child. They consider the health, schooling, safety and all other factors that impact a child's life. Therefore, any cases of domestic violence must also be investigated before creating child arrangement orders. If the judge has evidence of abuse by one parent either to the child, another parent, another child, or someone else in the home at any time over the previous five years, it is the legal obligation of the judge to deny custody of the child to that parent. The accused parent does have the right to refute these claims. If they can provide evidence that the abuse did not occur, custody may still be granted.If you are considering divorcing an abusive spouse, it is imperative that you seek help immediately. If you are in danger now, please call "911" or find safe shelter for you and your children. Once you have found yourself in a safe place, it is important that you begin the documentation process as well as obtaining a restraining order. An attorney can assist you through this process as well as the course of divorcing the abusive spouse, helping you to maintain your safety, as well as that to your children. If you are interested in discussing your option with a Morgan Hill, CA divorce attorney, contact The Law Offices of Steven E. Springer today at one of our three offices in Morgan Hill, San Jose, and Fremont. Call us to schedule your free initial 20-minute consultation at 408-779-4700 or 510-791-7137. Sources:http://www.courts.ca.gov/selfhelp-domesticviolence.htmhttp://www.courts.ca.gov/1254.htmhttp://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4326
