Domestic violence can have a significant impact on the division of marital assets. California generally follows community property laws where the court equally splits assets. However, domestic violence introduces factors that can shift this balance in favor of the injured spouse.
Understanding domestic violence and its role in asset division
California Family Code requires courts to consider the impact of domestic violence when dividing marital assets. If one spouse has a history of abusive behavior, the court may view this as an unequal contribution to the marriage.
The court may also take into account whether the abusive spouse caused financial harm. This may include draining bank accounts or preventing the other spouse from working.
Proving domestic violence in divorce cases
Police reports and restraining orders can provide official documentation of the abuse. Medical records and injuries related to domestic violence serve as physical evidence. Finally, testimonies from friends, family, or others who witnessed the abuse can strengthen the case.
Providing this evidence helps the court understand the full impact of the abuse on the other party’s situation.
Protecting the injured party’s financial future
People who survive domestic violence often need financial security after leaving the marriage. Courts may award a greater share of the marital assets or require the abusive spouse to pay spousal support.
Ensuring a fair division of assets
In cases involving domestic violence, ensuring a fair outcome is essential for the well-being of those affected. By carefully considering all aspects of the situation, courts strive to reach decisions that provide individuals with the resources they need to rebuild their lives.
