It may surprise you to learn 1200 people per hour are abused by a spouse, domestic partner or significant other in the United States. How does domestic violence affect a San Diego divorce? If you or someone you love has been physically or emotionally abused and is considering the end of their marriage or seeking advice the Certified Family Law Specialists at Burke & Domercq are here to help.
Unfortunately, reports of domestic violence have significantly increased during the COVID-19 pandemic. This may account for a portion of the increasing number of divorces across the United States and here in San Diego.
Financial concerns often affect choices in a domestic violence case. It is possible to ask the Judge to award temporary spousal support as part of the restraining order in the case.
Once everyone is safe, the next question on your mind may be “how does domestic violence affect a San Diego divorce?”
The Family Courts in San Diego and North County will absolutely take the actions of a violent spouse into account in many aspects of the divorce. Violent spouses are immediately suspect when it comes to child custody and parenting time. While the Court will always have the best interests of the child in mind the violent actions of a parent may severely limit child custody and parenting time orders. For example, the Court may award primary physical and legal custody to the victim of abuse while visitation for a violent offender may be limited to supervised visits in a neutral facility.
How does domestic violence affect a San Diego divorce from a financial perspective? If the domestic violence has resulted in damage to community property or depletion of community accounts the Court may offset the property division award to account for these actions. Generally speaking, if the domestic violence has occurred within 5 years of the divorce the Court will not award spousal support to the violent spouse.