Felony Convictions and Abuse

When filing for divorce, it’s necessary to specify the reason for your divorce. In some states, a spouse with a felony conviction is grounds for a divorce. In California, however, essentially the only grounds for any divorce are irreconcilable differences. Nonetheless, having a spouse with a felony conviction can make it easier to speed along the divorce process and to seek restraining orders and other protections from a dangerous spouse.

To protect victims of spousal abuse, it is possible to file for divorce on your own without your partner being present. Only in certain circumstances must the other spouse approve of the divorce, as is often the case when children are involved, but even that can be overlooked when the dangerous spouse is a known abuser.

In addition, anyone who has received threats or experienced domestic violence can seek protection from his or her abuser. You can file for a restraining order to keep that person at a safe distance. In many cases, you can receive more extensive protections and take legal action against your abuser. It is possible, however, that the court might not understand the severity of your case and might not do enough to help. That is where an experienced California divorce lawyer can help you.

Contact Us

If you are considering a divorce because your spouse was convicted of a felony, the compassionate Oceanside divorce lawyers can guide you through the steps you need to take to finalize your divorce and ensure your safety. To discuss your case with an experienced Oceanside divorce lawyer, contact the law office of Fischer & Van Thiel, LLP today at 760-722-7646.