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

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. 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, rates and retainers vary based on need and ability to pay.


  2. 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 §§3044, 4320, and 4325 for some examples.


  3. 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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