I'm a domestic violence victim that will benefit me in my divorce process?

Asked almost 2 years ago - San Diego, CA

In this case on being Domestic Violance victim, (my spouse served time for what he did to me) if it take less time to divorce him? Did he have to agree to get a divorce?
Thanks

Attorney answers (3)

  1. Timothy Miranda

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . The conviction for domestic violence will not truncate the divorce process. Also, since California is a "no fault" divorce state, neither party need agree with the marital dissolution.

    Whether or not his domestic violence conviction will "benefit" you is relative. The Family Code contains some theoretically harsh provisions for those with documented domestic violence, particularly as it relates to child custody and spousal support. See Fam C ยงยง3044, 4320, and 4325 for some examples.

  2. Michael Charles Schwerin

    Contributor Level 17

    2

    Lawyers agree

    1

    Answered . He does not have. To agree. Your best option is to have a face to face consultation with an experienced family law attorney to educate yourself on what can or may happen. As a domestic violence victim these are some special laws that apply to you.

    Michael Schwerin, San Jose, California phone: 408-295-4232 email: schwerin@ix.netcom.com. Consultation fees,... more
  3. David Philip Shapiro

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You should be consulting with, if not hiring, a locally experienced family law attorney to maximize the effect his conviction will have on your case.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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