If the wife in the relationship is abusive, what will happen at divorce?

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If the wife in the relationship is abusive, what will happen at divorce?

My question in greater detail is this. If my wife is being abusive, ie yelling at
me constantly, forging checks in my name, is an alcoholic, has a DUI,
yelling/beating the children for the smallest things, will she still receive half
if we separate? Whenever I try to intervene and say enough, she threatens me with
divorce. I am staying with her for the kids sake because they love their mom so
much, but it is getting to the point where it would be better for them to live
without someone like her as a role model. Any tips?

Asked on December 28, 2016 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The court's decision on custody of the children is based on what is in their best interest.  You have strong arguments for custody of the children based on your wife's behavior.
Community property is property acquired during marriage.  Each spouse has a one half interest in the community property.  Your wife will not lose her one half interest in the community property because she is abusive.
Separate property is property acquired before marriage or after the marriage ends or after separation with no intent to reunite.  A spouse has no claim to the other spouse's separate property.


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