I have been asked if misconduct or domestic violence by either spouse has anything to do with the final judgment of the court since California is a ‘no-fault’ divorce state.
Yes; in some cases it does, especially where children are concerned. California law requires child custody issues to be determined by the best interests of the child. If there is any evidence of domestic violence in the family, the court will award primary custody to the other spouse. The alleged abuser may receive supervised visitation.
There are other circumstances that the court will investigate.
If you are going through a divorce with someone who has domestic violence in his or her background, contact an experienced Orange County Family Law attorney who will guide you in a professional and compassionate manner through this difficult time.
