'Real Housewives of Beverly Hills' alum Annemarie Wiley filed for divorce from ex-NFL player Marcellus Wiley in Los Angeles on July 6, 2026, alleging rape and years of abuse days after his July 4 domestic-violence arrest in Orlando. Under California Family Code § 3044, a domestic-violence finding creates a rebuttable presumption against awarding the abusive parent custody — a rule that could directly shape her request for sole custody of their three children.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Annemarie Wiley filed for divorce alleging rape, physical and financial abuse; seeks sole legal/physical custody, no visitation, spousal support, and a restraining order |
| When | Filed July 6, 2026; husband arrested July 4, 2026; arraignment set for August 4, 2026 |
| Where | Divorce filed in Los Angeles, California; arrest occurred in Orlando, Florida |
| Who's affected | Annemarie Wiley, Marcellus Wiley (ex-NFL defensive end, former SportsNation co-host), and their three children |
| Key statute/rule | California Family Code § 3044 (custody presumption after DV finding); § 6320 (domestic violence restraining orders) |
| Impact | If a court makes a DV finding, California law presumes sole/joint custody to the accused parent is not in the children's best interest |
Marcellus Wiley denies all allegations and has publicly stated he is the victim, according to The Hollywood Reporter. Because criminal and family proceedings run on separate tracks, the outcome of his August 4 arraignment in Florida will not automatically decide the California custody question — but it can heavily influence it.
Why this matters legally
Domestic-violence allegations transform an ordinary California divorce into a case governed by heightened statutory protections. When one spouse alleges abuse and requests a restraining order, California courts must evaluate the request under Cal. Fam. Code § 6320, which authorizes orders barring contact, harassment, and threats. A domestic violence restraining order (DVRO), if granted, can also set temporary custody, visitation, and support terms while the divorce is pending.
The most consequential rule is Cal. Fam. Code § 3044. When a court finds that a parent committed domestic violence against the other parent or the children within the previous five years, a rebuttable presumption arises that awarding that parent sole or joint physical or legal custody is detrimental to the child's best interest. This presumption is not a permanent bar — the accused parent can overcome it by proving, among seven statutory factors, that custody serves the child's best interest. But it shifts the burden dramatically.
This is why Annemarie Wiley's request for sole custody and no visitation is legally coherent rather than aggressive overreach. California's no-fault divorce framework means fault is irrelevant to whether the marriage ends, but abuse findings remain highly relevant to custody and support outcomes.
How California law handles this
California divides these issues across property, custody, and support statutes. On property, California is a community-property state under Cal. Fam. Code § 760, meaning assets and debts acquired during marriage are generally divided equally (50/50) at divorce. Documented financial abuse — one spouse controlling or hiding marital funds — can affect reimbursement claims and the court's fiduciary-duty analysis under Cal. Fam. Code § 721, which imposes a duty of the highest good faith between spouses.
On support, California courts weigh domestic violence directly. Cal. Fam. Code § 4320 lists the factors a judge considers for spousal support, and § 4320(i) and (m) specifically require the court to consider documented evidence of domestic violence. A separate provision, Cal. Fam. Code § 4325, creates a rebuttable presumption against awarding spousal support to a spouse convicted of domestic violence against the other within five years. Support obligations can later be revisited through a spousal support modification if circumstances change.
On custody, the § 3044 presumption governs. California's overarching standard remains the child's best interest under Cal. Fam. Code § 3011, which explicitly directs courts to consider any history of abuse. To learn how these pieces fit together, readers can review the general divorce process and the state's residency requirements — a California divorce requires six months of state residency and three months in the filing county.
Practical takeaways
For anyone navigating a California divorce involving abuse allegations, several concrete steps apply:
-
Seek a restraining order first if you are in danger. A DVRO under Cal. Fam. Code § 6320 can be requested on an emergency basis and can include temporary custody and support provisions before the divorce is fully litigated.
-
Preserve documentation. Police reports, medical records, photographs, texts, and financial statements build the evidentiary record courts rely on for § 3044 and § 4320 findings. In this case, the July 4 arrest report will become part of the paper trail.
-
Understand the two-track system. Criminal charges (Marcellus Wiley's Florida arrest) and the California family case proceed independently. A criminal acquittal does not erase family-court findings, which use a lower preponderance-of-the-evidence standard.
-
Map your financial picture early. Because California splits community property 50/50, run the numbers with our property division calculator and review potential support exposure before negotiating.
-
Get local counsel in each relevant jurisdiction. With a divorce in California and an arrest in Florida, the Wileys illustrate why cross-state matters require attorneys licensed where each proceeding sits.
If you are facing a divorce complicated by safety concerns or custody disputes, building a clear plan matters more than reacting headline to headline. You can start with a personalized divorce roadmap to understand your options, or find a divorce attorney in your county who handles domestic-violence cases. Confidential help is always available through the National Domestic Violence Hotline at 1-800-799-7233.
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.