Divorce is never an easy process, but when domestic violence is involved, it becomes even more complex. If you find yourself in this situation in Texas, understanding how domestic violence can impact your divorce proceedings is extremely important. This blog aims to provide you with the necessary information to navigate this challenging time.
Protective Orders and Custody
In Texas, if you or your children are victims of domestic violence, the first step is often to obtain a protective order. This legal document can offer immediate relief by keeping the abuser away from you and your children. It’s important to note that the court takes these orders very seriously, and they can significantly influence custody decisions. The safety and well-being of the children are the court’s primary concern, and a history of domestic violence can lead to the abuser losing custody or receiving supervised visitation rights only.
Impact on Property Division
Texas is a community property state, meaning that, in general, all property acquired during the marriage is subject to division upon divorce. However, when domestic violence is involved, the court may decide to award a larger share of the community property to the victim. This decision is based on the principle of fairness and the recognition that the victim may need additional resources to recover and rebuild their life after leaving an abusive relationship.
Spousal Support
Domestic violence can also affect spousal support (alimony) decisions. In Texas, the court may award spousal maintenance if the spouse seeking support is a victim of family violence. This support can be critical in helping the victim become financially independent and secure after the divorce. The duration and amount of spousal support will depend on the length of the marriage and the severity of the abuse.
Filing for Divorce
When filing for divorce in Texas, you can cite “insupportability” (no-fault) or various fault grounds, including cruelty. If domestic violence is present, citing cruelty may strengthen your case and impact the court’s decisions on property division, custody, and spousal support. Make sure to document all instances of abuse and gather evidence, such as police reports, medical records, and witness statements.
Conclusion
Dealing with domestic violence during a divorce is undoubtedly challenging, but understanding your rights and the potential impacts can help you make informed decisions. If you or someone you know is facing this difficult situation, it is essential to seek legal guidance to ensure your safety and protect your interests.
Contact Springer & Lyle
At Springer & Lyle, we are committed to providing compassionate and comprehensive legal support for victims of domestic violence going through a divorce. Our experienced attorneys understand the intricacies of Texas law and will work tirelessly to secure the best possible outcome for you and your children.
If you have questions regarding divorce and domestic violence or need assistance with any family law matter, contact experienced family law attorney Daniel Abasolo at 940.387.0404 to schedule a consultation. Springer & Lyle is located at 1807 Westminster, Denton, TX 76205.
