How Violent Sexual Felonies Affect California Spousal Support

California Family Code Section 4324 concerns how violent sexual felonies committed by one spouse against another can affect their divorce. Under California law, violent sexual felonies include rape, sodomy, oral copulation, sexual penetration, and rape, spousal rape, or sexual penetration committed "in concert" with another, such as through aiding and abetting. Under Section 4324.5 spousal support from an injured spouse will not be awarded to a spouse who has been convicted of such crimes against his or her partner.

Other facets of this section of the law state that the injured spouse will not be required to pay any of the convicted spouse's attorney's fees out of his or her separate property and that the date of their legal separation can be set as the date of the incident for which the implicated spouse was convicted. The date of the legal separation may be set earlier by the court if circumstances are found which make it justifiable. This section of law also entitles injured spouses to 100 percent of the community property interest in their own retirement or pension accounts or benefits. The law states that the injured spouse is the spouse who was subject to the violent sexual felony for which the other spouse was prosecuted and convicted.

Spouses who are found to have engaged in domestic violence incidents will find that convictions of these types of crimes will impact their ability to obtain or retain child custody and visitation rights.

Family Law Firm Serving Roseville, California

When it comes to divorce and family law, many facts and circumstances will influence how courts determine issues such as the division of marital property and debt, child custody and visitation, child support, and spousal support. Understanding how the laws, previous court decisions, and a particular judge may influence your family law issue is vital if you wish to achieve the best outcome. That is why it is essential to get the advice and guidance of an attorney who works in this legal field on a daily basis in the courts in your area.

In many cases, you and your spouse or the biological parent of your child may be able to work things out and come to an agreement on the issues at hand through mediation or other negotiation efforts. That will work to your advantage as you won't be subject to court schedules and the decisions of a judge you barely know. Your decisions, however, will have to be as fair as possible and, where children are concerned, in their best interests. Discussing your divorce, child custody, or other family law case with experienced family lawyer Frank Ali at the Law Offices of Frank F. Ali can go a long ways in achieving optimum results. Contact his firm to arrange for a consultation to get started in resolving your legal problem today.