Abuse can influence property division in a Texas divorce. While Texas is a community property state, courts are not required to divide marital property evenly when doing so would be unfair. When there is a documented history of abuse, judges do have the discretion to award a greater share of marital property to the spouse who was harmed.
For many people, this question comes up while they are still deciding how to leave a marriage safely. Before navigating these issues alone, many people find it helpful to speak with a Frisco family and divorce lawyer who understands how courts apply these definitions in real cases.
If you are in immediate danger, call 911 or your local emergency number before taking any legal steps.
How does Texas law define abuse in divorce cases?
Texas does not rely on a single, catch-all definition of abuse. Instead, courts look to specific provisions of the Texas Family Code when evaluating family violence in divorce and custody cases.
Under Texas Family Code §71.004, family violence includes physical harm, bodily injury, assault, sexual assault, and threats that reasonably place a family member in fear of imminent physical harm. Abuse of a child is also included.
But physical injury is not always required. Credible threats and patterns of behavior that create fear can qualify as family violence under Texas law. This definition is often central in divorce cases where property division, child custody, or protective orders are involved.
What types of abuse can affect a Texas divorce?
Texas courts recognize several forms of abuse in divorce cases, but some are easier to prove than others. When children are involved, certain conduct may also lead to Child Protective Services (CPS) involvement, and CPS findings can become relevant in custody and property decisions.
- Physical abuse: Hitting, choking, restraining, blocking exits, or other physical harm. Police reports, medical records, photographs, protective orders, or CPS investigations often support this.
- Sexual abuse: Including marital sexual assault. Evidence may include medical documentation, forensic exams, testimony, or CPS involvement when child safety is implicated.
- Emotional or psychological abuse: Intimidation, isolation, coercive control, or repeated credible threats. These cases often rely on patterns of behavior, written communications, witness testimony, counseling records, or CPS reports.
- Financial abuse: Controlling access to money, preventing employment, hiding assets, or wasting community property. This conduct may affect property division and can also appear in CPS evaluations when it impacts a child’s stability.
How does abuse influence property division in Texas?
Texas courts divide marital property under a “just and right” standard. While community property is often split evenly, judges can deviate from a 50/50 division when fairness requires it.
In cases involving abuse, courts may consider how the behavior affected the victim’s safety, health, and earning ability. A spouse who experienced abuse may be awarded a larger share of marital property to help stabilize their situation and support recovery after the marriage ends.
Judges look at context rather than isolated moments. The severity and frequency of abuse, whether it occurred during the marriage, and whether it impacted the abused spouse’s ability to work or remain safe, can all factor into the final decision.
Does abuse affect other parts of a Texas divorce?
Abuse is not limited to affecting property division. It can also influence child custody, spousal support, and whether protective orders are issued. In some cases involving family violence, courts may waive the standard 60-day waiting period required before a divorce can be finalized.
Protective orders, or temporary restraining orders, may be available to provide immediate safety while divorce proceedings are ongoing. These orders are helpful when someone who is facing domestic violence is trying to leave safely.
Getting legal guidance when abuse is part of the picture
Leaving an abusive marriage often involves legal and emotional challenges all at once. Knowing how Texas courts view abuse can help you plan with more clarity.
Albin Oldner Law attorneys work with individuals across all of North Texas who are navigating divorce cases involving family violence, property division, and protective orders. If you have questions about whether abuse may influence property division in your divorce or want to understand your legal options, you can contact Albin Oldner Law online or call (214) 423-5100 to discuss your situation.
