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The Impact of Domestic Violence on a Divorce

On Behalf of | Dec 6, 2019 | Domestic Violence

What is the impact of domestic violence on a divorce in Carlsbad, Oceanside, Encinitas or North County San Diego?  Domestic violence can impact many aspects of a divorce in San Diego from child custody and parenting time to spousal support, the division of community property and even the ability to cost-effectively negotiate the terms of your divorce.

Domestic violence allegations or a related conviction can make a substantial impact on the financial outcome in your divorce.  Issues associated with domestic violence can have an impact on the division of community property and the disposition of the family home (or the equity in the home).

The presence of any domestic violence issues or convictions in the five years before a divorce can impact child custody and parenting time.  The safety and best interests of any child are of paramount importance to North San Diego family law courts.  The court may not award custody of a child and/or may limit parenting time to supervised visitation if the judge or magistrate believes the safety of a child is at risk.

The victim of domestic violence is often not required to pay spousal support to an abusive spouse, or the court may significantly reduce spousal support orders in light of past domestic violence issues.

Finally, restraining orders will almost always prevent any contact between the parties.  This includes everything from calling, texting and emailing to conversations through advocates such as friends or family.  The prohibition of communication makes it impossible for the parties to negotiate the divorce settlement on their own.  In these cases the skilled Certified Family Law Specialists at Burke & Domercq, APC can protect your interests and negotiate on your behalf to accomplish your goals and objectives.

Mediation may also be an effective alternative in these cases.

If you are concerned about the impact of domestic violence upon a divorce in North County San Diego we invite you to review the recommendations of our clients and contact us or call 760-389-3927 to schedule an appointment with one of our experienced attorneys.  Learn how to protect your interests and accomplish the best possible outcome in your case.