Former Real Housewives of Beverly Hills star Annemarie Wiley filed for divorce from ex-NFL player Marcellus Wiley on July 6, 2025, citing irreconcilable differences and requesting a domestic violence restraining order alleging rape and a decade of abuse. Under California Cal. Fam. Code § 3044, her abuse allegations, if proven, create a rebuttable presumption against granting Marcellus custody — a legal shift that could grant her the sole custody she seeks.
Key Facts
| Detail | Information |
|---|---|
| What happened | Annemarie Wiley filed for divorce and requested a domestic violence restraining order (DVRO) |
| When | Divorce petition filed July 6, 2025; Marcellus arrested July 4, 2025 |
| Where | Los Angeles County, California (arrest in Orlando, Florida) |
| Who's affected | Annemarie Wiley, Marcellus Wiley, and their three minor children |
| Key statute/rule | Cal. Fam. Code § 3044 (custody presumption); § 6320 (DVRO) |
| Impact | Sole custody request, no visitation, exclusive home use, and spousal support all hinge on the abuse findings |
According to The Hollywood Reporter, Annemarie seeks sole legal and physical custody of the couple's three children with no visitation for Marcellus, exclusive use of their Los Angeles home, and spousal support. The filing came two days after Marcellus was arrested in Orlando on a misdemeanor domestic battery charge. He denies all allegations. Because both spouses reside in California and the children live there, Los Angeles County Superior Court will apply California family law to every issue in the case.
Why this matters legally
When a divorce petition and a domestic violence restraining order request are filed together, California courts treat the abuse allegations as central to custody — not as a separate side issue. This is the most consequential dynamic in the Wiley filing. A DVRO under Cal. Fam. Code § 6320 can immediately bar contact, order a party out of the shared home, and set temporary custody terms, often within days of filing on an emergency (ex parte) basis.
The pairing matters because California law explicitly links proven domestic violence to custody outcomes. A restraining order is not merely protective — under Cal. Fam. Code § 3044, a finding that one parent committed domestic violence against the other parent within the previous five years triggers a rebuttable presumption that awarding that parent sole or joint physical or legal custody is detrimental to the child. That presumption reframes the entire custody analysis, shifting the burden onto the accused parent. Learn more about the divorce process and how protective orders fit into it.
How California law handles this
California is a no-fault divorce state, meaning Annemarie only needed to cite irreconcilable differences under Cal. Fam. Code § 2310 to dissolve the marriage — the alleged abuse does not need to be proven to end the marriage itself. Fault is legally irrelevant to the dissolution. Understand how no-fault divorce works before assuming allegations control the outcome.
But fault becomes highly relevant to custody. Under Cal. Fam. Code § 3044, if the court finds a parent perpetrated domestic violence within five years, that parent is presumed unfit for custody. To rebut the presumption, the accused parent must show, by a preponderance of evidence, that custody is in the child's best interest and that they have satisfied factors like completing a batterer's intervention program and a parenting class. This is exactly the mechanism that could support Annemarie's request for sole custody with no visitation.
California's residency rule also governs jurisdiction. Under Cal. Fam. Code § 2320, a spouse must reside in the state for six months and in the filing county for three months before filing for divorce. Because the Wileys are longtime Los Angeles residents, California unquestionably has jurisdiction — even though Marcellus's arrest occurred in Florida. Review residency requirements if you are unsure which state governs your case.
On property, California is a community property state under Cal. Fam. Code § 760, meaning assets and debts acquired during the 12-year marriage are presumed to be divided equally (50/50). Annemarie's request for exclusive use of the Los Angeles home is a temporary possession order, separate from the ultimate 50/50 division of the home's equity. Spousal support, meanwhile, is guided by the factors in Cal. Fam. Code § 4320, which include the marital standard of living, each spouse's earning capacity, and — critically — any documented history of domestic violence between the parties.
Practical takeaways
-
File the DVRO and divorce together when safety is at issue. A domestic violence restraining order under Cal. Fam. Code § 6320 can be requested on an emergency basis and establish immediate temporary custody and home-use orders, sometimes within 24 hours.
-
Document everything. Because the § 3044 custody presumption requires a court finding of abuse, contemporaneous records — police reports, medical records, photographs, texts, and witness statements — carry enormous weight. A criminal arrest alone does not equal a family-court finding.
-
Understand that no-fault does not mean no-consequences. Abuse allegations will not change whether the divorce is granted, but they can decisively shape custody under § 3044 and spousal support under Cal. Fam. Code § 4320.
-
Separate the criminal and family cases in your mind. Marcellus's Florida misdemeanor charge and the California divorce are distinct proceedings with different burdens of proof. The family court can find abuse by a preponderance of evidence even if a criminal court has not convicted. If circumstances change, spousal support modification and child support modification remain available later.
-
Budget realistically for a contested case. Contested custody and DVRO litigation cost far more than uncontested dissolutions. Use our California divorce cost estimator and divorce timeline tool to set expectations before you begin.
If you are facing a divorce that involves safety concerns or a custody dispute, you do not have to navigate it alone. Start by building a personalized divorce roadmap to understand your options, and consider connecting with a qualified California family law attorney who handles high-conflict cases. You can find a divorce attorney who focuses on your county's courts.
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.