Skip to Content
Claery & Hammond, LLP Claery & Hammond, LLP
Los Angeles 310-817-6904
San Diego 760-870-4900
Top

Can you Seek Compensation for Abuse in a Divorce Case?

A Legal Team You Can Trust
|

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.

Contact Us Today

Put Your Case in Qualified Hands
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • Featured Los Angeles Times Family Law Practitioners 

  • We Provide Unique, Tailor-Made Solutions for Each Client

  • We Offer a Free Initial Case Consultation
  • Our Team Has Over 50 Years of Combined Experience
  • Our  Attorneys Handle All Types of Family Court Issues
  • We Solely Focus on the Areas of Divorce and Family Law