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

Asked 4 months ago - San Diego, CA

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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. Licensed in CA

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    San Diego Domestic Violence Lawyer
    Contributor Level 14

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    Lawyers agree

    Answered January 28, 2013 19:49. 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. Licensed in CA

    San Jose Divorce / Separation Lawyer
    Contributor Level 17

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    Lawyers agree

    1

    Helpful vote

    Answered January 28, 2013 19:40. 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. Licensed in CA

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    San Diego Criminal Defense Attorney
    Contributor Level 17

    2

    Lawyers agree

    Answered January 28, 2013 19:52. 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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