California is a no-fault state in divorce matters. This means that evidence of misconduct is inadmissible and improper to use in a proceeding or pleading in a divorce or separation case. You do not have to prove that your partner did something wrong to end your marriage. The cause of divorce is generally irreconcilable differences, which is usually a sufficient reason to separate or divorce. The no-fault approach eliminates the possibility of contentious arguments regarding who is responsible for the fallout during a divorce. Thus, you cannot cite infidelity or financial issues as the cause for your divorce.
However, proof of domestic violence or domestic battery, or a violent sexual felony against one partner, can change the rules applied in divorce cases. To determine the case, a judge will consider documented evidence of such severe crimes against the spouse seeking divorce or alimony. Thus, you can be denied spousal support if you are convicted of a crime, especially a heinous crime against your partner.
How No-Fault Divorce Works in California
Couples seeking to end their marriage in California do not provide he exact details of the cause of their fallout in the divorce application. The most widely accepted reason for divorce is ‘irreconcilable differences’. The no-fault law eliminates endless battles and arguments between divorcing couples, which could delay their case and cause even more tension. Under the no-fault divorce law, the following key aspects apply:
-
Only two legal grounds are acceptable for a divorce to be granted: 'irreconcilable differences' and permanent legal incapacity. You cannot state the actual reasons for seeking a divorce in the application, including infidelity or financial abuse.
-
No blame is required in the application for a divorce. You do not have to prove that your partner misconducts themselves for the court to grant your petition. What matters is that your marriage is no longer working, which is the only thing the court needs to hear to grant your request.
If the actual reasons for a couple to divorce came out in a divorce proceeding, they could affect other aspects of the legal process. For example, the at-fault partner could be mistreated in essential matters like spousal support and child custody. It can also negatively affect children and their welfare. The alleged at-fault partner can be unjustly treated in the divorce proceeding.
The no-fault law in divorce cases also simplifies the process. Remember that it eliminates emotionally complex and contentious issues that can take a long time to resolve before the court gives a final verdict. The law removes the need for prolonged trials by providing neutral grounds on which couples can seek divorce.
However, some issues that happen in a marriage, like domestic violence or violent sexual felonies, cannot be ignored. Although you can file a no-fault divorce, evidence of such severe crimes can influence the court’s final decision regarding your case. If there is proof that you committed domestic violence or engaged in a violent sexual crime against your partner, you could lose your right to spousal support.
Circumstances Under Which You Qualify for Alimony in California
Alimony, or spousal support, is granted after a divorce to ensure the low-income partner continues living the same quality of life they enjoyed while in marriage. The judge considers the low-income partner's needs against the high-income partner's income to determine the amount of spousal support the high-income partner must pay to support the low-income partner.
However, a criminal conviction can disqualify you from receiving spousal support. Although this does not happen automatically, the court will consider various factors in making the final decision to ensure fairness. For example, the judge will assess your needs, your partner’s ability to support you, how long you have been in the marriage, and your conduct or fault in the divorce. A criminal conviction can affect your chances of receiving alimony, especially if you committed a grave crime against your partner.
Generally, these are the factors judges consider when awarding spousal support:
-
Your needs and financial ability to fund those needs. In this case, the court will review your financial situation, including how much you earn and your overall financial needs.
-
The other spouse’s ability to support you financially. In this case, the court will consider their income and assets compared to what you are currently earning.
-
How long have you been in the marriage? Typically, you qualify for a higher and longer alimony if you have been in the marriage for a long time.
-
The court will also consider child support and custody matters. If the high-income partner is taking care of your minor children, the court will consider whether they have enough income left to support you as well.
-
How you conducted yourself in the marriage also matters. Your actions towards your spouse, including your involvement in criminal activity, can hurt your chances of receiving alimony.
Spousal Support after a Domestic Violence Conviction
Although California is a no-fault state in divorce matters, some divorce or family law factors can affect the outcome of a divorce case. For example, if you are convicted of domestic violence against the partner against whom you are seeking divorce, the conviction can affect your spousal support. The no-fault law means that a judge will not consider the party at fault when deciding the terms and conditions of your divorce settlement. They can quickly rule that the family assets and liabilities be divided equally between the couple after a divorce, regardless of who is at fault.
While most issues divorcing couples experience in their marriage, including infidelity and drug addiction, do not influence their case’s outcome, there is a significant exception to this rule. If there is irrefutable proof that there was domestic violence in your marriage, it can significantly affect some orders in your divorce settlement, including spousal support. Thus, although California is a no-fault state, a family court will consider a prior history of domestic violence and related crimes when awarding spousal support.
Spousal support is critical after a divorce to ensure that low-earning individuals do not suffer financially. This is helpful, especially for low-income partners and those who forgo their careers to care for their families while the other partner works. However, the law also considers the possibility of a victim of domestic abuse paying spousal support to their abusers. The exception in this law prevents this from happening, regardless of the abusive partner’s financial situation.
A domestic violence conviction can affect your spousal support in the following manner:
-
If you have a felony conviction for domestic violence against your partner, the conviction automatically bars you from receiving spousal support in case of a separation or divorce.
-
If you have a misdemeanor conviction for domestic violence against your partner, there will be a rebuttable presumption against granting you spousal support.
These convictions will affect all your attempts to receive spousal support from your partner, whether temporary or permanent. However, there is usually no guarantee that the court will rule as above in your case, especially in the case of a misdemeanor conviction for domestic violence. With a rebuttable presumption in place, you have the opportunity to present your case in court, providing reasons why your partner, who is also a victim of your domestic violence, should support you after the divorce. Here are the types of evidence the court can consider in granting your spousal support after a misdemeanor conviction for domestic violence:
-
Evidence that the abuse was mutual, meaning that the two of you were at fault, even though you were the only one who was convicted of the crime
-
Proof that you were actually the victim of domestic violence, and not the perpetrator. The court could have mistakenly convicted you of a crime you did not commit.
When a rebuttable presumption exists in a domestic violence case, it puts one partner against the other. The parties involved must provide evidence to discredit the other or prove their innocence. The judge can consider all equitable and just factors to decide if you should receive spousal support.
However, the law is still strongly against perpetrators of domestic violence receiving spousal support from their victims. The presumption is sometimes challenging to overcome, based on the facts of the case.
How Domestic Abuse Looks in a Divorce
"Domestic abuse" is a broad term, referring to the following acts of violence committed against someone you are in an intimate relationship with:
-
Physical abuse, emotional abuse, or sexual assault
-
Harassment, threats, intimidation, or stalking
-
Isolation and deprivation of necessities
-
Excessive control and monitoring, including financial control
If a victim of domestic violence wants help in a divorce proceeding, they can present this type of evidence:
-
A felony or misdemeanor conviction against the perpetrator within five years
-
Records, pictures, or medical information regarding injuries they sustained in a domestic abuse situation
-
Protective or restraining orders taken against the abuser
-
Proof that the abuser was charged with domestic violence, or a no-contest plea in the absence of a conviction
-
Proof of restraining or protective order violation
-
Written or verbal threats of violence
-
The testimony of a collaborative witness
-
Proof of harassment, intimidation, or stalking
-
Reports from child protective services or the police regarding domestic violence
Other Reasons You Could Be Denied Spousal Support
A criminal conviction can result in the denial of spousal support under the following additional circumstances:
A Conviction for Violent Sexual Felony
Under California law, a violent sexual felony refers to severe crimes like sexual penetration, rape, or sexual assault. Generally, a sexual crime committed through threats, force, fear, or fraud is a severe sexual felony under the law. Such crimes are considered violent felonies because perpetrators use threats and force to accomplish them, and they are committed against the victim’s consent.
If you are convicted of a violent sexual felony against your spouse within five years (including crimes like sodomy, rape, sexual penetration, or oral copulation), there is no rebuttable presumption, according to Family Code 4324.5. The court will automatically deny your application for spousal support after a divorce. Additionally, your spouse, the victim of your crime, will not be held responsible for your attorney's fee, regardless of your financial situation.
A Conviction for Attempted Murder
You could be denied spousal support if you are guilty of attempted murder against your spouse. However, there has to be proof of attempted murder or soliciting the murder of your spouse for the court to automatically deny your application for spousal support in a divorce petition.
Although violent sexual felonies and domestic violence are the main criminal convictions that can affect your eligibility for spousal support, the court can consider other factors that are equitable and just. Proof that you committed a severe crime against your spouse will not be taken lightly when determining your eligibility for alimony. Working closely with a competent divorce attorney can help you understand your situation, legal implications, and how to defend yourself for a more reasonable outcome.
How an Attorney Can Help in Your Case
Spousal support is critical if you are a low-income partner in a divorce case. However, you must be eligible for this support so the court can order your partner to pay a particular amount to support your needs. You can receive permanent or temporary alimony after a divorce, depending on the circumstances of your case. However, a past criminal conviction can significantly affect your eligibility. Here are ways your attorney can help if you have a prior conviction for domestic violence, a violent sexual felony, or any other severe crime against your partner:
They Will Explain the Law and Your Options
A divorce can significantly disrupt your life, especially if you partially or fully depend on your partner for necessities. It can be challenging to think about what to do to support yourself after the divorce. However, an attorney can review your divorce application and the circumstances of your case to advise you. This prepares you for what to expect, especially if a criminal conviction against you can affect your eligibility for spousal support. When you are mentally prepared not to receive anything from your partner, you can start planning your life early enough for a smooth transition.
Your attorney can also help you understand your options, so you will not depend entirely on your partner after the divorce.
They Can Challenge Your Situation
Depending on the type of criminal conviction that affects your eligibility for spousal support, a competent attorney can challenge it in court to change your case’s outcome. For example, if you have a prior misdemeanor conviction for domestic violence, the presumption against spousal support is usually rebuttable. You can challenge it to convince the court to grant your petition for alimony.
Your attorney can gather and present evidence to prove that you were also a victim of domestic violence. It could be that your partner was also abusive, or they filed false charges against you. Your attorney can also prove that you were rehabilitated following the domestic violence conviction or that circumstances have changed since. With proof that you are in a severe financial hardship, this can compel the judge to grant you spousal support after the divorce.
They Can Negotiate a Reasonable Settlement
Your attorney can negotiate for an out-of-court settlement with your partner regarding spousal support. This can happen even if there is an automatic bar from the court because of a prior conviction. If you are in a severe financial hardship, and your partner is willing and able to help, an out-of-court settlement can work in your favor. If your partner is unwilling to pay alimony, your attorney can negotiate for other types of financial support, like a lump sum payment and property division. This can improve your financial situation and help you start life after the divorce.
They Can Protect Your Rights
An attorney’s primary role in a divorce is to protect your rights. Your rights should be respected, even if you have a prior conviction for domestic violence or a violent sexual felony against your partner. An attorney will fight to ensure your best interests are considered in child custody, visitation, property division, and alimony matters. If you do not qualify for spousal support, your attorney will ensure that other issues in your divorce are reasonably determined. The prior conviction should not disqualify you from receiving a fair share of your family assets or being treated fairly in child custody and visitation matters.
Find a Skilled Divorce Attorney Near Me
Do you have a prior criminal conviction that can affect your eligibility for spousal support in San Diego?
A conviction for domestic abuse, a violent sexual felony, or any severe crime against your spouse can affect your eligibility for alimony in California. However, a skilled attorney can help you fight for the best possible outcome in your case. They can also protect your rights and use the best defense strategies to ensure you do not lose everything else in the divorce.
At San Diego Divorce Attorney, we can help you understand your rights and options from the start of the legal process for effective decision-making. We can also develop fighting strategies that could result in a favorable outcome in your case. We will guide you through all legal processes and even appeal your case if you are unsatisfied with the outcome. Call us at 858-529-5150 to learn more about your case and our services.
