October 9, 2021
by Briana White

Divorce is never easy, but for families struggling with domestic violence, the transition can be even more complicated—especially for those who have children, need to file a restraining order, or are worried about retaliation.

Each state has different laws for handling domestic violence during divorce. In some jurisdictions, these offenses can warrant the filing of a fault-based divorce, and end up affecting the division of marital property in favor of the abused spouse. They can also impact child custody, alimony, and even result in criminal charges.

Here’s what you need to know about how domestic violence can impact your divorce in California, and what the Maples Family Law team can do to help you navigate this rocky transition.

Overview of Domestic Violence

In California, domestic violence is defined as any abuse—or threat of abuse—that comes from a romantic partner.

Naturally, this definition includes a spouse, but it actually goes further, encompassing any type of romantic relationship, such as someone you’re living with, a domestic partner, a co-parent you share a child with, and even just someone you’re dating (or used to date).

Under this definition, abuse can come in many different forms, and—according to the domestic violence guidelines on the California.gov website—can include things such as:

The act of physically hurting (or trying to hurt) someone, either intentionally or unintentionally;
Making someone think that they (or someone they love) is going to be hurt;
Sexual assault;
Harassment, stalking, threats, and disturbing the peace; and even,
The destruction of personal property.

As you can see, this type of abuse does not require physical contact with another person—or even their property—in order to be considered domestic violence. It can be as subtle as emotional abuse and threats levied against someone you love, and can even include unintentional physical harm.

But, what does this mean when filing for divorce?

Here are some of the ways that domestic violence can impact your divorce, including the division of marital property, child custody, and alimony.

Domestic Violence and Marital Property

At its most basic form, marriage is just a contract; a commitment between two people, who want to be seen as a single entity in the eyes of the law. That’s why several states allow individuals to file for divorce under fault-based grounds.

In a fault-based divorce, the court can assign blame, and hold one spouse financially accountable for their part in the marriage breakup. This is typically done by awarding the victim a larger share of the marital property.

Along with things like infidelity and drug abuse, domestic violence is one of the primary grounds used in these jurisdictions for filing under fault. That being said, California is not one of those states.

As a strictly, no-fault divorce jurisdiction, you cannot file for divorce in California using domestic violence as your grounds. In addition—because judges cannot consider guilt or blame when dividing marital property—you also cannot use domestic violence to receive a greater share of your community pot.

However, that doesn’t mean domestic violence can’t impact your divorce at all…

Domestic Violence and Child Custody

One of the biggest ways domestic violence can shape a California divorce, is in the area of child custody.

In California, custody decisions are made based on what is in a child’s best interest. This legal standard is driven—not by what parents want—but by what will serve a child’s long-term health and welfare the best.

Under these guidelines, sole versus joint custody decisions are determined by weighing factors such as:

A child’s health, safety, and welfare.
A child’s preference (if over twelve).
Each parent’s past role in their child’s life.
Each parent’s ability to care for their child, post-divorce.
Any history or threat of domestic violence.
Any history of drug abuse.

When considering domestic violence, it is not even necessary that the child has experienced the abuse themselves. In California, domestic violence is still a consideration, even if the harm was only ever carried out on the child’s other parent.

Domestic Violence and Alimony

According to the California Family Code, courts are also required to consider domestic violence when making decisions about alimony.

Alimony (or “spousal support”) are regular payments that a judge orders one spouse to pay the other, in order to help support their care after the breakup. This money is often awarded to a homemaking spouse, to help get them back on their feet after so many years out of the workforce.

In California, judges cannot require victims of domestic abuse to pay their spouse alimony, however, this is somewhat contingent on what evidence is available at the time of divorce.

A conviction of domestic violence within the past five years is the strongest type of evidence. If available, this creates a “rebuttable presumption,” which essentially means that the court has to operate as if the abuse exists/existed. As a result, a victim of this violence cannot require to:

Pay temporary or permanent spousal support; or,
Pay their spouse’s attorney’s fees from separate property.

If you don’t have a conviction, you may still be able to get an exemption from alimony. Talk to your attorney about what evidence you may need, and be sure to document any further abuse in as much detail as possible, since the state may want to file criminal charges, as well.

Domestic Violence and Criminal Charges

Domestic violence might have been the reason you decided to file for divorce, but it’s also a crime, and—depending on the severity of the offenses and the available evidence—these actions could be enough to land your spouse with criminal charges.

But what, exactly, does that mean? And how does a criminal charge differ from what you’re doing in divorce court?

Civil vs. Criminal Court

In the United States, there are two main branches of the court system:

Civil court
Criminal court

Criminal court deals with offenses like rape, theft, battery, assault, and so forth. These are harmful crimes committed by one person against another, and can result in fines and even jail time. In a criminal case, the state acts as the prosecutor against the accused.

On the other hand, a civil case is filed by an individual (or business) against another individual (or business). This branch handles pretty much everything that criminal court does not, including real estate transactions, business, contracts, probate, economics, family law, and so forth.

Divorce—like adoption and child custody—is a subset of family law, which means that these cases are generally held in civil court. However, when domestic violence is involved, civil and criminal courts often intersect.

Depending on your situation, the state of California might decide to file criminal charges against your spouse for domestic violence. If they do, these charges will be filed as a separate case, held in criminal court, and handled by a criminal court judge.

Unfortunately, while domestic violence is always a crime, it’s also often a secret crime—one whose harm doesn’t always leave a mark. Hence, in many situations, the state lacks the necessary evidence to prosecute.

California Domestic Violence Resources

It’s important to understand that—even without a bruise or scar—domestic violence is never okay. California courts take these crimes very seriously, and if you or a loved one are currently experiencing abuse, it’s critical that you talk to law enforcement (as well as your family law attorney), to figure out the best course of action in your situation.

If you don’t know where to start, or simply need help, these online resources can assist you with the process:

These sites can help you find a shelter, retain a free or low-cost attorney, and walk you through the steps for things like filing for a restraining order.

In the meantime, if the danger is immediate, don’t wait, and call the police right away.

Domestic Violence Divorce Attorneys in California

If you are dealing with domestic violence in your marriage, the most important thing to do is to keep yourself—and your children—safe. The next step is to get out of the situation as quickly as that safety will allow.

If you have more questions about domestic violence in California, and how this might affect your divorce, we want to help. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and together, we can figure out the next best step for you.

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Intro to Mental Health and Divorce

August 24, 2021
by Briana White

Those who are impacted by mental illness—whether personally, or indirectly, through a loved one—know that these unique issues don’t respect boundaries. The effects of mental illnesses (such as anxiety, depression, OCD, and addiction) stretch across every aspect of life, affecting everything from the everyday, to the atypical, including divorce.

Which is why it’s so important to address how mental health and divorce interact. Not just in terms of how these issues might impact your split, but in how divorce, itself, might affect you.

In this article we’ll introduce some of the biggest questions that often arise when mental health and divorce collide, and outline how the right attorney can help you navigate these complex matters during your California divorce.

Mental Illness and Filing for Divorce

Many clients wonder whether the mere existence of a mental illness—either in themselves, or their partner—will prevent them from securing a divorce.

The answer is a firm no.

While “insanity” is a legitimate defense to criminal charges, it will not prevent you from getting a divorce from a mentally ill spouse. This is because family law (including divorce) falls under civil court jurisdiction, not criminal court. Hence, the same defenses don’t apply.

California courts will never force you to stay married, just because your spouse suffers from a mental illness.

Mental Illness and Marriage Annulment

Mental capacity is a key element to negotiating any valid contract, and this includes a marriage contract. This essentially means that both parties know what they’re doing (getting married), and that they are both old enough to make that decision (in California, eighteen).

Without this mental capacity—say, if you’re too drunk, too high, or underage to know what you’re doing—it’s possible to get a marriage annulled. And it’s definitely possible to see how a mental health crisis might prevent someone from having adequate mental capacity for marriage.

However, in order for an annulment to stick, you can’t have gotten better after the marriage. Hence, if the individual had a mental illness, but then recovered and lived freely in a marital relationship afterwards, then a judge will not annul the marriage.

Mental Illness and Grounds for Divorce

Mental health issues often come up when couples cite their grounds for divorce.

In legal speak, your “grounds” tell the judge why you want to get divorced. Grounds are a required part of your divorce complaint, and in some jurisdictions, can be used to assign blame to one spouse for breaching the marriage contract.

Grounds that request some kind of guilt be placed on one party or the other are called “fault” grounds. Grounds that do not attempt to assign blame are called “no-fault” grounds.

California is a solidly, no-fault divorce state, meaning judges will not consider fault when dividing marital assets or alimony. Instead, couples filing for divorce must choose between one of two no-fault divorce options:

Irreconcilable differences
Incurable insanity

1. Irreconcilable Differences

Irreconcilable differences essentially mean that you are no longer able to reconcile with one another, and want out. When filing this way, neither party needs to back up this claim with proof, and no one is held liable for the breakup.

Because it’s so quick and painless, this is by far the most common grounds cited for divorce in California.

2. Incurable Insanity

Incurable insanity, on the other hand, is rarely cited as grounds for divorce, since the burden of proof is so high. In order to file under these grounds, you must show that your spouse lacks legal capacity.

Legal incapacity occurs when someone doesn’t have the mental wherewithal to make decisions, and may manifest as:

An inability to stay alert and attentive;
An inability to process information (such as memory or communication);
A detachment from reality (such as the existence of delusions or hallucinations); or,
An inability to control mood and affect.

Not only must you provide proof from multiple physicians that these elements exist, but these experts must also testify that your spouse is unlikely to ever recover. Which—considering the unpredictable nature of mental illness—is a very difficult diagnosis to procure.

Furthermore, when mental illness really is that severe, your judge will need to assign your spouse a guardian, who will look out for their interests during divorce process.

Because of all these complexities, most couples choose to simply file for irreconcilable differences, instead.

Mental Illness and Child Custody

Mental illness does not directly influence decisions about child custody. However, depending on the condition—as well as the severity of the symptoms—it’s possible that mental health could still indirectly influence custody.

This is because in California, custody decisions are made according to the best interest of the child. Here, everything from primary residence, visitation, and child support are determined based on which outcome will serve a child’s long-term health and happiness the best. This is done by weight a number of individualized factors, including:

The child’s age and preference (if old enough);
The child’s health and need for stability;
The child’s relationship with each parent;
Each parent’s ability to care for their child; as well as,
Any history of domestic violence, abuse, or neglect.

As you can see, while mental illness isn’t a direct consideration, it can still significantly contribute to many of these factors. Especially when it comes to violence and neglect, or if the mental illness prevents the parent from providing a stable home for their child (such is often the case with drug and alcohol abuse).

Regardless of the circumstances, the court will put the child’s needs above all else, while maintaining parental rights as best as possible within that scope.

Mental Illness and Property Division

Since California is a no-fault divorce state, it’s unlikely that mental illness will have any impact on the division of marital property.

California is a community property state, which means that anything acquired after marriage belongs to both spouses equally—regardless of whose name is on the paycheck, deed, loan, or card. Hence, without fault to influence this decision, all of this shared property will be divided equally, upon divorce.

Mental Illness and Alimony

In some cases, mental illness affects a spouse’s ability to hold down a job, post-divorce. These individuals may struggle to make ends meet, and to maintain their marital standard of living, once divorced.

In these situations, the court may require the stable spouse to make spousal support payments to help out. Though, the court is highly unlikely to require this when the mental illness is related to alcohol or drug abuse.

Mental Health During Divorce

When it comes to divorce, it’s not just about how preexisting conditions can affect your breakup. It’s also about the way the breakup affects your mental health.

Divorce is an extremely stressful and emotional process—even for people who don’t have mental health problems. That’s why it’s so important to make sure you’re mindful of your own equilibrium throughout the entire divorce process.

For some people, maintaining good nutrition, getting enough sleep, and exercising are adequate. Others might benefit from therapy. Parents, especially, shouldn’t neglect themselves in this regard, since it’s difficult to support a child’s emotional needs when you aren’t taking care of yourself.

If you need additional resources, your attorney can assist you in finding qualified therapists and programs that can help your family through this transition.

Divorce Attorneys in California

Whether you are dealing with your own demons, or the mental illness of a loved one, mental health struggles are never easy. That’s why it’s important to have an attorney understands your needs, and can address your unique needs.

If you have more questions about mental health and divorce, we want to hear from you. Call Maples Family Law at (209) 989-4425, or get in touch online, and let us help you navigate these matters with the sensitivity and gravitas you deserve.

Divorce

Grounds for Divorce in California

April 24, 2017June 8, 2020
by Angie

If you’re like most people, you’ve heard the term grounds for divorce—but what does that really mean, and do you really need to pinpoint a specific reason before you divorce your spouse in California? While it’s typically best to ask an attorney who practices family law in Stockton about the specifics of your own case, here’s what you need to know about grounds for divorce in California.

What Are Grounds for Divorce in California?

California is a no-fault divorce state. That means if you file for divorce, you don’t have to provide the court with a specific reason. You can get a divorce in Stockton and elsewhere in California when you and your spouse simply have “irreconcilable differences.”

You do not have to disclose your reasons for divorcing to the court other than to say that you have irreconcilable differences.

A Word on Irreconcilable Differences

The term irreconcilable differences simply means that neither party in a marriage committed an act that directly brought about the end of the marriage (like adultery, abandonment, or cruelty). When you use this term, it means that neither party is completely at-fault for the marriage’s breakdown.

Will the Grounds for Your Divorce Have an Impact on Your Alimony Award?

Most people don’t want to spill the personal details of a split in a courtroom, and that’s completely fine. It’s important to know that in most cases, the grounds for your divorce won’t have an effect on the amount or duration of an alimony award that you receive.

(Even cheating is unlikely to affect your alimony award. Remember, the purpose of spousal support is to ensure that one spouse doesn’t fall into poverty because of the divorce. The courts don’t use it as a punishment for a spouse’s bad behavior during the marriage.)

There is one exception, though: If your spouse has been convicted of violent or abusive behavior, the judge has the power to reduce or, in some cases, eliminate the alimony that the abuser would normally be entitled to receive.

What the Courts Look at When Determining Alimony Awards

The courts must look at several factors when determining how much alimony will change hands, including:

Each spouse’s earning capacity
How much each spouse contributed to the other’s career, education, and other financially tied achievements
Each spouse’s ability to pay alimony
The needs of each spouse based on the standard of living each enjoyed during the marriage
Tax consequences to each spouse
The balance of hardships each spouse must now endure

This isn’t a complete list. Instead, courts look at these factors and a number of others—including any other factors the judge believes are fair and reasonable—to make an alimony award determination.

Do You Need “Grounds for Divorce” in California?

You don’t need to have a specific reason to end your marriage in the state of California. Whether your spouse had a long-term affair, abandoned you, or simply chose to terminate your marriage is irrelevant to the court. The court’s primary concern is the children of your marriage, if you have them; if you don’t, the court is only interested in overseeing a fair, equitable split that allows both parties to move forward separately.

Do You Need to Talk to a Family Law Attorney in Stockton?

If you’re contemplating divorce, or if your spouse has already filed for a divorce and you need an experienced, knowledgeable attorney in your corner, call us at 209-910-9865 right away. You can speak with a Stockton divorce lawyer who understands what you’re going through—and who’s willing to be your voice in the court system.

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