Former Real Housewives of Beverly Hills cast member Annemarie Wiley filed for divorce this week from ex-NFL player Marcellus Wiley, alleging years of physical, sexual, and emotional abuse, per The Hollywood Reporter. For California residents, domestic violence findings under Family Code § 6320 directly reshape custody, support, and property outcomes — abuse is not background noise in a California divorce.
| Detail | Summary |
|---|---|
| What happened | Annemarie Wiley filed for divorce, alleging years of physical, sexual, and emotional abuse and past death threats |
| When | Filed this week (July 2026); follows a July 4 arrest of Marcellus Wiley |
| Where | Wileys are California residents; the alleged battery and arrest occurred in Orlando, Florida |
| Who's affected | Annemarie Wiley, Marcellus Wiley, and their minor child |
| Key statute/rule | Cal. Fam. Code § 6320 (restraining orders); § 3044 (custody presumption); § 4325 (spousal support bar) |
| Impact | A DV finding can trigger a rebuttable presumption against custody and bar spousal support to the abuser |
The filing follows Marcellus Wiley's July 4 arrest in Orlando after Annemarie reported an alleged hotel battery during their son's basketball tournament, The Hollywood Reporter reported. It also comes amid separate sexual assault allegations against him from multiple women. This commentary does not evaluate the truth of any allegation or the strategy of anyone involved — it explains how California law treats divorce cases that involve domestic violence claims.
Why this matters legally
Domestic violence allegations transform a California divorce from a routine no-fault dissolution into a case governed by protective statutes. California is a no-fault divorce state under Cal. Fam. Code § 2310, meaning neither spouse must prove wrongdoing to end the marriage — "irreconcilable differences" suffices. But no-fault dissolution does not mean conduct is irrelevant. When a spouse alleges abuse, separate statutes activate that affect custody, support, and safety.
The most immediate legal tool is a Domestic Violence Restraining Order (DVRO) under Cal. Fam. Code § 6320, which allows a court to prohibit contact, order a party to stay away, and grant temporary exclusive use of the family home. A DVRO can be issued on an emergency basis in days, long before the divorce itself concludes. Understanding the no-fault divorce framework helps explain why abuse claims run on a parallel legal track rather than as "grounds."
How California law handles this
California law imposes concrete consequences when a court makes a finding of domestic violence, and those consequences reach custody and money directly. Three statutes drive the outcomes.
First, custody. Under Cal. Fam. Code § 3044, a finding that a parent perpetrated domestic violence within the previous five years creates a rebuttable presumption that awarding that parent sole or joint physical or legal custody is detrimental to the child. The abusive parent must overcome this presumption with specific evidence — completion of a batterer's program, compliance with any protective order, and a showing that custody serves the child's best interest. This presumption reshapes child custody determinations that would otherwise start from a neutral position.
Second, spousal support. Cal. Fam. Code § 4325 creates a rebuttable presumption against awarding spousal support to a spouse convicted of domestic violence against the other spouse within five years before filing. In plain terms, a documented abuser can be barred from collecting alimony from the victim. Courts may also consider any history of domestic violence when setting support under Cal. Fam. Code § 4320. If you are estimating support exposure, our divorce cost estimator offers a starting framework, though DV findings can override standard calculations.
Third, jurisdiction. The Wileys are California residents, but the alleged battery occurred in Florida. California requires that one spouse reside in the state for six months and in the filing county for three months under Cal. Fam. Code § 2320 before a court can grant dissolution. Where the abuse physically occurred does not change which state hears the divorce — residency requirements govern that. A Florida arrest can still be evidence in a California proceeding.
Practical takeaways
California residents facing divorce alongside abuse should act deliberately and document everything. These steps reflect how California's protective statutes actually operate.
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Prioritize safety first. If you are in immediate danger, call 911. The National Domestic Violence Hotline (1-800-799-7233) operates 24/7 and can help you plan. A DVRO under Cal. Fam. Code § 6320 can be requested on an emergency basis, often granted within 24 hours as a temporary order.
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Preserve evidence. California courts weigh documented proof — photographs, medical records, police reports, and dated messages. The Orlando arrest report, if it exists, becomes potential evidence in a California custody dispute under Cal. Fam. Code § 3044.
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Understand the custody presumption. If a court finds domestic violence occurred within five years, the burden shifts to the accused parent. Do not assume joint custody is automatic in a DV case.
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Address support strategically. A DV finding can bar the abuser from receiving spousal support under Cal. Fam. Code § 4325. Track how conduct intersects with your financial picture.
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Map your next steps. Building a personalized divorce roadmap helps organize protective orders, custody filings, and financial disclosures in the right sequence. When abuse is involved, order matters.
If you are navigating a California divorce that involves safety concerns, working with an experienced attorney can help you use these protective statutes correctly and on time. You can find a divorce attorney who handles domestic violence and family law matters in your county.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.