Husband was convicted of Battery misdemeanor. Can I request retaining 100% of community property during divorce?
My husband was convicted of Battery & vandalism misdemeanor charges in July 2018. I am the injured spouse. Can I request retaining 100% of community property during divorce?
4 attorney answers
Documented domestic violence is a factor to be considered under FC 4320 which relates to permanent spousal support. The law of domestic torts is quite different. You would have to sue your husband for breach of duty, pain and suffering and damages on a tort theory. A battery is a tort and the principles that corresponds are those found in tort law - speak to a personal injury or domestic tort lawyer.
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You can request it, but you won't get it unless you can show damages. You should talk with a local lawyer. You can file a suite for battery in the civil court and ask it to be consolidated so that any reward comes from the community estate.
The information provided is for informational purposes only. It is not intended to be legal advice and does not form an attorney client relationship.
Only to the extent that it will compensate your for your damages suffered for the assault. You will need to prove your damages (not just allege them). And hope you request spousal support outside of the normal duration and hope you have a restraining order against him and any children if you have them.
No. You don’t get a different property division because of DV.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
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