California Spousal Support and Domestic Violence

We all know California is a no-fault state when it comes to divorce. However, you may be surprised that there are certain areas of divorce and family where fault is actually a factor. A domestic violence conviction and its effect on California spousal support is one of those areas.

In a divorce case where a spouse has been convicted of an act of domestic violence against the other spouse within 5 years prior to the dissolution proceeding (typically with a petition for dissolution) being filed or any time after that, there is a “rebuttable presumption” that the convicted spouse should not receive a spousal support award.

Some of you may have said, “wow”.

Wow is right but don’t confuse the word rebuttable with “conclusive.”

Written by B. ROBERT FARZAD. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

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