Can you Seek Compensation for Abuse in a Divorce Case?

Domestic abuse is a serious issue that can sometimes be prosecuted as a criminal case depending on the situation at hand. There are also times that spouses may choose to sue in a personal injury case in order to obtain compensatory damages for medical treatment and receive punitive damages. In California, there is a no-fault divorce statute. This means you cannot seek compensation or a larger portion of shared property because of the abuses that you have suffered as a part of the marriage. This is because in this state no divorce is evaluated based on the circumstances within the marriage.

As a result, you won't be able to make a convincing case that you deserve to keep the house and the car because you had such a difficult time within the marriage. Even if a mental health expert comes to your divorce court hearing and determines that you were mentally or emotionally damaged by the abuse from the marriage, this may not be enough to convince a judge to give you special financial privileges during the property division.

Sometimes if a spouse is abusive it can affect the child custody battle. This is because the courts want to choose a custody plant in the best interests of the children, and believe that an abusive parent is not the wisest decision. You can use evidence of abuse to your advantage in this aspect of your divorce. If you want more information about divorce cases or want to learn more about how to seek a settlement or how to file the divorce papers, then you need a Los Angeles family attorney on your side. With the right lawyer there to help you, you can work towards a solid, final, and satisfactory divorce.