Handling Domestic Violence
When it comes to domestic violence, it is an ugly sight to handle when proceeding with divorce filings. This is mainly due to the inclusion of law enforcement and their testimonies regarding each incident as well as the natural cause for why. It is also an incident that can occur with either spouse, and that is something to take into consideration as well.
If a spouse is indeed a victim of domestic violence or abuse, then the first step is leave the abused residence and if there are children present, to take them with them. If there is an immediate threat or danger being presented, then it is imperative to call law enforcement.
Documenting injuries is also important as well as request for a restraining order by the courts that deal with family law. This can further alleviate the abuse and stress when filing for the divorce, but keep in mind that it is a temporary relief until a permanent restraining order can be issued.
When there is any documentation of abuse presented while proceeding with filing a divorce, this does greatly impact the nature of the case at hand. This is important as it also adjusts the claims for child support, spousal support, and other financial holdings deemed as community property to be distributed among the spouses.
Handling Health Insurance
If a spouse is covered under a health insurance policy that was provided by the other spouse, should the divorce proceed and finalize, then each spouse must find coverage elsewhere. If there are children involved, then child support can include healthcare plans as part of the package, upon which either or both spouses contribute.
It is important that you determine what your coverage plans will be like after the proceedings of divorce as it could help figure out the cost and the allocation of both child and spousal support should you need to.
Special Cases: handling Military Divorces
When it comes down to military divorces, there are specific laws emplaced for these things. Should a spouse be involved in the military as per their employment and wishes to file a divorce, then these ties into the laws enacted by the Service members Civil Relief Act. This act allows alleviation of the legal and other financial burdens that can be placed upon military personal and their families.
If the spouse is still active in the military and is a resident of California for up to 6 months, then a proceeding with the divorce can occur. It can also occur outside of the state of California in some cases, but this requires additional steps and notifications in order to pursue it.
A California court can also postpone should they want to the divorce filings during the duration of the service of the spouse and up to 60 days following their discharge. Overall, the same laws of a general divorce case are still enacted upon the divorces for military personal.
Farbod Majd Esq.
Divorce Attorney w/ offices in Beverly Hills/Los Angeles
Services in English, Turkish, and Farsi/Persian (Iranian/American Lawyer)
8383 Wilshire Blvd Suite 646, Beverly Hills, CA 90211
310.956.4600 | Fax: 310.878.8989 | [email protected]