Annemarie Wiley Divorce: How CA DVRO & Custody Law Applies (2026)

Former Real Housewives of Beverly Hills star Annemarie Wiley filed for divorce from ex-NFL player Marcellus Wiley on July 6, 2026, alleging a decade of physical and sexual abuse and requesting a 100-yard stay-away order, exclusive use of their Los Angeles home, and custody of their three children. Under California Family Code § 6320, courts can issue emergency domestic violence restraining orders within 24 hours, and a DV finding triggers a rebuttable presumption against awarding the accused custody.

Key Facts

As reported by The Hollywood Reporter, the divorce filing came two days after Marcellus Wiley's July 4, 2026 domestic battery arrest. Marcellus Wiley denies the allegations. Because these are unproven claims in an active case, this commentary analyzes only the general California legal framework — not the strategy or credibility of anyone involved.

Why This Matters Legally

A domestic violence allegation fundamentally changes the legal posture of a California divorce, converting a routine dissolution into a case governed by protective-order procedure and a custody presumption that disfavors the accused parent. In California, a party alleging abuse can seek a Domestic Violence Restraining Order (DVRO) under Cal. Fam. Code § 6320 that bars contact, orders a stay-away distance (Annemarie Wiley requested 100 yards), and can grant exclusive use of the family residence — all on an emergency basis before the divorce itself is resolved.

The most consequential rule is Cal. Fam. Code § 3044, which creates a rebuttable presumption that awarding sole or joint physical or legal custody to a parent who has perpetrated domestic violence within the previous five years is detrimental to the child's best interest. Once a court finds domestic violence occurred, the burden shifts to the accused parent to overcome the presumption by a preponderance of the evidence — a significant hurdle that shapes every subsequent child custody decision in the case.

How California Law Handles This

California divides these issues across several parallel tracks that a single filing can trigger simultaneously.

Community property and financial control. California is a community-property state under Cal. Fam. Code § 760, meaning assets and debts acquired during the 12-year marriage are presumptively divided equally (50/50). Where one spouse alleges financial control, the court can order interim access to funds and may consider a documented pattern of economic abuse when dividing assets. Allegations of hidden or diverted income are addressed through mandatory financial disclosures under Cal. Fam. Code § 2104, which require each spouse to exchange a complete declaration of assets, debts, and income early in the case.

Spousal support. Annemarie Wiley's request for spousal support falls under Cal. Fam. Code § 4320, which lists the factors courts weigh, including the standard of living during marriage and each party's earning capacity. Critically, Cal. Fam. Code § 4325 creates a rebuttable presumption against awarding spousal support to a spouse who has been convicted of domestic violence against the other — meaning a DV finding can cut both ways on support. Readers can estimate typical costs using our California divorce cost estimator.

Custody and parenting time. Absent a DV finding, California favors frequent and continuing contact with both parents under a best-interest standard. A sustained § 3044 presumption, however, can result in supervised visitation or a restricted parenting schedule for the accused parent. Our California parenting time calculator illustrates how timeshare percentages are computed.

Emergency timing. A DVRO can issue on a temporary basis almost immediately, with a full hearing typically set within 21 days under California procedure. The underlying divorce, by contrast, cannot finalize until California's mandatory six-month waiting period from service of the petition has elapsed, per Cal. Fam. Code § 2339. To understand how these timelines interact, see our overview of the divorce process and the California divorce timeline tool.

Practical Takeaways

For anyone navigating a California divorce that involves abuse allegations, the framework above produces several concrete action items.

1. Document everything immediately. Photographs, medical records, police reports (such as an arrest record), and dated messages become the evidentiary basis for a Cal. Fam. Code § 6320 restraining order and any § 3044 custody finding.

2. Request emergency orders separately from the divorce. A DVRO can move on a days-long timeline, while the divorce follows the mandatory six-month track — do not wait for the dissolution to seek protection.

3. Complete financial disclosures early. California's § 2104 preliminary declaration is mandatory; a complete, honest disclosure protects your position and exposes financial control or hidden assets.

4. Understand the custody presumption. If domestic violence is found, § 3044 shifts the burden to the accused parent — a fact that reshapes negotiation leverage on parenting arrangements.

5. Know that support runs both ways. Under § 4325, a DV conviction can defeat a spousal support claim, so support outcomes depend heavily on what the court ultimately finds. Review spousal support modification rules if circumstances later change.

6. Get grounded before you file. A personalized divorce roadmap or a consultation with a California divorce attorney can map which orders to seek first and in what sequence.

If you are facing a divorce involving abuse, safety comes first: in an emergency call 911, and the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. When you are safe, a qualified California family law attorney can help you understand which protective and financial orders apply to your specific situation and how to pursue them in the correct order.

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.