At the greatest of times, going through a divorce can be a long, emotionally draining process. Filing for divorce because of domestic violence is particularly harrowing, as you may be unsure of how you can support yourself or if you are truly safe from your abuser. You may wonder: Can domestic violence affect your divorce settlement in Orange County?
Hire a Domestic Violence Lawyer
Divorcing your abuser can be difficult for many reasons. When you hire a domestic violence lawyer, you also get an advocate who fights for your interests. Dorie A. Rogers, APC, brings over 30 years of experience as a family law attorney to help protect your rights.
Divorce Rates in California
A recent report by the United States Census Bureau compared divorce rates from 2011 and 2021 in California and found that the divorce rate per 1,000 women decreased from 8.2 to 5.9 in that 10-year period.
In Orange County, divorce proceedings are handled at the Lamoreaux Justice Center on The City Drive South in Orange, CA. This includes services for domestic violence survivors filing for divorce.
Steps to Divorcing an Abusive Spouse
It can be especially dangerous for a victim of domestic violence once they have decided to divorce their abusive partner. When an abuser feels they are losing control, they may lash out violently or “love-bomb” their victim to convince them to stay.
An experienced domestic violence attorney can help create a plan of action that allows a victim of domestic violence to escape while minimizing the potential for further harm or escalation. Several steps should be taken, including the following:
- Develop a safety plan before you file for divorce. You need to arrange for a safe place to live, gather important documents and keep them somewhere safe, and always have a way to contact the police or other support services for help. It can also help to make trusted friends or family aware of your situation.
- Gather evidence of previous and ongoing abuse. Keep copies of police reports or medical records. Take pictures of injuries sustained or items that have been broken. Keep a journal of how the abuse affects you. Collect statements from anyone who witnessed the abuse.
- Obtain a restraining order against your abusive spouse. Present evidence of the abuse when you file for divorce, so you can also receive a domestic violence restraining order. This order can protect you and any children you have.
Ways Domestic Violence Impacts Divorce Settlements in Orange County
Orange County family court judges are usually not interested in the reasons behind a divorce. This is because California is a no-fault divorce state, so fault does not need to be determined for a divorce to proceed. However, evidence of domestic violence is always relevant to divorce proceedings and can impact how the judge handles the settlement. Such evidence can impact a divorce settlement in the following ways:
- Judges do not award custody and, in some cases, visitation to a guardian with a history of domestic violence. The abusive guardian can petition for custody at the judge’s discretion.
- The judge can order the abusive spouse to pay relevant court and attorney fees.
- The judge can award the abusive spouse’s retirement and pension to be paid to the victim.
- The abusive spouse cannot request spousal support from the victim of the abuse.
FAQs
Can I File for Divorce in California if My Spouse Doesn’t Want To?
Yes, you can still file for a divorce in California even if your spouse does not want to get divorced. After you file, you are required to notify your spouse. This is called serving your spouse. If they are uncooperative or refuse to participate in the process, a family court judge can still hear your case and make decisions about how assets are to be divided.
Who Is Eligible to Receive a Domestic Violence Restraining Order in California?
To prioritize the safety of victims of domestic violence, a domestic violence restraining order can be granted to anyone who meets certain criteria, including:
- The person is the victim of domestic violence, according to California Family Code section 6211.
- There is present reasonable proof of past or current domestic violence.
Paperwork must be filed detailing the incidents of abuse, you must appear before a judge, and then the judge makes a final decision.
How Long Does It Take to Get a Divorce in Orange County?
In Orange County, it takes a minimum of six months and one day to get a divorce because of the mandatory six-month waiting period. The waiting period generally begins from the date your spouse is served the divorce papers. When domestic violence is a factor in the divorce process, you can request a domestic violence restraining order to protect yourself and your children until the divorce is finalized.
How Does Domestic Violence Affect Spousal Support in Orange County?
In Orange County, domestic violence can significantly impact spousal support. If one spouse is proven to have committed domestic violence, the court may reduce or deny support to the abusive spouse. The court can also order higher or longer-term spousal support to the victim spouse if they were financially dependent on the abusive spouse.
What Legal Protections Does California Offer When Getting Divorced Following Domestic Violence?
When you file for divorce following domestic violence, California offers several protections during the divorce process to prevent additional abuse or an escalation of abuse. You can ask the court to protect your privacy and keep your address confidential from your spouse. The court can also order your spouse to vacate the family home during the divorce process. If children are involved, the court can order supervised visitation.
Contact Dorie A. Rogers, APC
As a Certified Family Law Specialist by the State Bar of California Board of Legal Specialization, Dorie A. Rogers has experience with negotiations and litigation, and can secure client interests during even the most contentious divorce. Contact Dorie A. Rogers, APC, today to schedule your initial, confidential consultation.
