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.”