California Family Code

§ 4324.5

FAM § 4324.5 Effective Jan 1, 2019Div. 9 · Part 3 · Ch. 2

Statute text

(a)In any proceeding for dissolution of marriage where there is a criminal conviction for a violent sexual felony or a domestic violence felony perpetrated by one spouse against the other spouse and the petition for dissolution is filed before five years following the conviction and any time served in custody, on probation, or on parole, the following shall apply:

(1)An award of spousal support to the convicted spouse from the injured spouse is prohibited.

(2)If economic circumstances warrant, the court shall order the attorney’s fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorney’s fees of the convicted spouse out of the injured spouse’s separate property.

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Legislative history

Amended by Stats. 2018, Ch. 850, Sec. 1. (SB 1129) Effective January 1, 2019.