Former Real Housewives of Beverly Hills star Annemarie Wiley filed for divorce from ex-NFL player Marcellus Wiley the week of July 6, 2026, alleging years of physical, sexual, and emotional abuse, according to The Hollywood Reporter. The filing follows Marcellus's July 4 domestic-violence battery arrest in Orange County, Florida. For California residents, divorce filings tied to abuse allegations trigger specific protections under Family Code § 6320 and a presumption against awarding spousal support to abusers.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Annemarie Wiley filed for divorce from Marcellus Wiley alleging years of physical, sexual, and emotional abuse |
| When | Week of July 6, 2026; arrest occurred July 4, 2026 |
| Where | Divorce filing tied to the couple's residence; arrest in Orange County, Florida |
| Who's affected | Annemarie Wiley, Marcellus Wiley, and their children |
| Key statute/rule | California Family Code § 6320 (DV restraining orders); § 4325 (support presumption against abusers) |
| Impact | Abuse allegations can support a restraining order, affect custody, and bar spousal support to the abuser |
Why this matters legally
Domestic-violence allegations in a divorce filing change the entire legal posture of a case, from custody to spousal support to immediate safety protections. When a spouse alleges abuse, California law does not treat it as a background detail — it becomes a central factor courts must weigh under multiple statutes.
The Wiley case illustrates a common pattern: a criminal domestic-violence arrest running parallel to a civil divorce. These are two separate legal tracks. The July 4 battery arrest is a criminal matter handled by Florida prosecutors, while the divorce is a civil family-law proceeding. Facts from the criminal case — arrest reports, protective orders, any conviction — frequently become evidence in the divorce, particularly on custody and support. A California court reviewing similar allegations would apply its own family-law standards regardless of where a related criminal arrest occurred, so long as it has jurisdiction over the marriage.
Marcellus Wiley has publicly denied the allegations, and no allegation described here has been proven in court. Every person is presumed innocent, and divorce petitions contain one party's claims, not findings.
How California law handles this
Under Cal. Fam. Code § 6320, a California court can issue a domestic-violence restraining order that prohibits an abusing party from contacting, harassing, or coming near the protected spouse and children. These orders can be granted on an emergency basis within days and can grant temporary custody, exclusive use of the family home, and support. A restraining order is often the first legal step an abused spouse takes, and it can be filed alongside or before the divorce petition.
California also imposes a rebuttable presumption against awarding spousal support to a spouse who has committed documented domestic violence. Under Cal. Fam. Code § 4325, a criminal conviction for domestic violence against the other spouse within five years before filing creates a presumption that the convicted spouse should not receive spousal support. This means an abuser can be barred from collecting alimony from the victim — a significant financial consequence that turns on the criminal outcome.
Custody is governed by Cal. Fam. Code § 3044, which creates a rebuttable presumption that awarding sole or joint custody to a parent found to have committed domestic violence within the previous five years is detrimental to the child's best interest. To overcome this presumption, the accused parent must demonstrate specific factors, including completion of a batterer's treatment program. Because California is a no-fault divorce state, abuse does not affect whether the divorce is granted — but it heavily affects custody, support, and safety orders.
California's six-month residency requirement also applies. Under Cal. Fam. Code § 2320, a spouse must have lived in California for at least six months and in the filing county for three months before filing. Readers unsure whether they meet these thresholds can review residency requirements before starting the divorce process.
Practical takeaways
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Prioritize safety first. If you are experiencing domestic violence, call 911 in an emergency or the National Domestic Violence Hotline at 1-800-799-7233. A California DV restraining order can be requested on an emergency basis and can grant temporary custody and exclusive use of the home.
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Document everything. Under Cal. Fam. Code § 4325 and § 3044, the presumptions against an abuser depend on evidence. Preserve police reports, medical records, photographs, texts, and witness contacts. A parallel criminal case can produce records that strengthen your family-law position.
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Understand the two-track reality. A criminal arrest and a divorce are separate proceedings. Coordinate them with counsel so that statements and filings in one do not undermine the other.
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Estimate your financial exposure early. Use our divorce cost estimator and property division tool to understand how California community-property rules under Family Code § 760 may split assets, especially when support to an abuser may be barred.
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Map your next steps. A personalized divorce roadmap can help you sequence a restraining order, filing, and custody requests. When you are ready for representation, you can find a divorce attorney in your county.
If you are navigating a divorce involving abuse allegations, you do not have to figure out the sequence alone. Speaking with a qualified California family-law attorney early can help you protect your safety, your children, and your financial interests before the first hearing.
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.