RHOBH star Annemarie Wiley filed for divorce from former NFL player Marcellus Wiley on July 6, 2026 after 12 years of marriage, per The Hollywood Reporter. Her declaration alleges physical, sexual, and emotional abuse dating to 2012 and $200,000 in financial exploitation. For California residents, the case shows how the Domestic Violence Prevention Act (Fam. Code § 6320) and a divorce petition can be filed together.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Annemarie Wiley filed for divorce and requested a domestic violence restraining order (DVRO) |
| When | Filed July 6, 2026, days after a July 4 arrest |
| Where | Los Angeles County Superior Court, California |
| Who's affected | The couple and their three minor children |
| Key statute | California Family Code §§ 6320, 2030, 2040 |
| Requested relief | Sole custody, 100-yard stay-away order, exclusive home use, spousal support |
According to The Hollywood Reporter, the filing came days after Marcellus Wiley's July 4, 2026 domestic-battery arrest in Orlando, Florida, which he denies. The petition seeks sole legal and physical custody of the couple's three children, a 100-yard stay-away order, exclusive use of the Los Angeles home, and spousal support. These are standard requests when a California divorce is paired with a domestic violence claim.
Why This Matters Legally
A California divorce petition and a domestic violence restraining order can be filed at the same time, and courts routinely grant emergency protective orders within 24 hours. Under Cal. Fam. Code § 6320, a court may enjoin a party from contacting, harassing, or coming near the other spouse based on a sworn declaration alone. The moving party does not need to wait for the divorce to conclude, and the standard for a temporary order is a showing of reasonable proof of past abuse — not proof beyond a reasonable doubt.
This dual-track approach matters because domestic violence findings carry weight far beyond the restraining order itself. In California, a finding of abuse changes custody presumptions, can affect spousal support, and may influence how the court views financial misconduct during the marriage. The abuse allegations here are not just about immediate safety; they can reshape the entire financial and custodial outcome of the divorce process. That is why the timing and content of the initial declaration are legally significant.
How California Law Handles This
California gives family courts broad tools to address abuse allegations inside a divorce. A domestic violence finding triggers a rebuttable presumption against awarding custody to the abusive parent under Fam. Code § 3044. When a court finds that a parent has perpetrated domestic violence within the previous five years, the law presumes that granting that parent sole or joint physical or legal custody is detrimental to the child's best interest. The accused parent must then present evidence to overcome that presumption.
On the financial side, the allegation of $200,000 in financial exploitation implicates California's fiduciary-duty rules. Under Cal. Fam. Code § 1101, spouses owe each other a fiduciary duty regarding community assets, and a breach — such as hiding, misappropriating, or controlling marital funds — can entitle the wronged spouse to 50 percent of the value plus attorney's fees. In cases of oppression, fraud, or malice, that recovery can rise to 100 percent of the asset's value. Financial control that rises to abuse can also support a spousal support award beyond the ordinary calculation.
California also equalizes litigation power between spouses. Under Cal. Fam. Code § 2030, a court can order the higher-earning spouse to pay the other spouse's attorney's fees so both parties can litigate on a level footing. This is designed to prevent a financially dominant spouse from using money as leverage. Combined with Cal. Fam. Code § 2040, the automatic temporary restraining order that takes effect when a divorce petition is served, these rules freeze the financial status quo and stop asset dissipation from the moment the case begins. California's no-fault divorce framework means the marriage itself dissolves without proving fault, but abuse and financial misconduct still shape support, custody, and property.
Residency also matters here because the arrest occurred in Florida while the divorce was filed in California. Under Cal. Fam. Code § 2320, a spouse must live in California for six months and in the filing county for three months before filing for divorce. A separate arrest in another state does not change California jurisdiction over the marriage. Learn more about residency requirements if you are considering filing in a state where you recently moved.
Practical Takeaways
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Document abuse before you file. California courts can issue a temporary restraining order under Cal. Fam. Code § 6320 based on a detailed sworn declaration. Specific dates, descriptions, photographs, and medical or police records strengthen the request. Vague allegations are far weaker than a dated timeline.
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File the DVRO and divorce together when safety is at issue. You do not have to choose. A restraining order can be requested the same day as the petition, and an emergency protective order can be in place within 24 hours.
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Preserve financial records early. If you suspect asset hiding or financial control, gather bank statements, tax returns, and account histories now. Fam. Code § 1101 lets a court award you half or all of a misappropriated asset, but only if you can trace it. Our divorce cost estimator for California can help you plan for litigation expenses.
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Ask for attorney's fees if you earn less. Under Cal. Fam. Code § 2030, the court can order your spouse to fund your representation. A lower-earning spouse should raise this at the first hearing rather than absorbing costs alone.
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Prioritize a safety plan. If there is immediate danger, call 911. The National Domestic Violence Hotline (1-800-799-7233) provides confidential help. Build a personalized divorce roadmap once you are safe, and consider mapping your timeline with our divorce timeline tool.
If you are facing a divorce that involves abuse or financial control, you do not have to navigate it alone. A California family law attorney can help you request protective orders, secure interim support, and preserve your financial rights from day one. You can find a divorce attorney in your county to discuss your options confidentially.
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.