In Texas, domestic violence can have a significant impact on the proceedings of divorce and custody cases. Understanding these impacts can help those involved in such situations make informed decisions about their future and their children’s future.
Keep reading to learn more about the impact of domestic violence, then call our Collin County family lawyer at (214) 423-5100.
How domestic violence influences divorce proceedings
Grounds for divorce
Texas allows for both no-fault and fault-based divorces. When domestic violence is involved, the victim can file for a fault-based divorce under the grounds of cruelty or domestic violence which can have a profound effect on the outcome of the divorce, especially concerning the division of marital assets and debt, possession/access .
Division of property
If domestic violence is proven, the courts may award a disappropriate share skew the division of the community estate. This is because the courts recognize the need to provide more support to the victim who might have suffered both emotionally and financially due to the abuse.
Spousal maintenance
Domestic violence can be a crucial factor in decisions regarding spousal maintenance. Texas law stipulates that a spouse may be eligible for spousal maintenance if the marriage lasted at least 10 years or the spouse was convicted of family violence against the other spouse or their children.
How domestic violence affects custody and visitation
Best interest of the child
In Texas, the child’s best interest is the paramount consideration in custody and visitation cases. Courts will assess the impact of domestic violence on the child, and this often leads to custody and visitation decisions that aim to protect the child’s physical and emotional well-being.
Restrictions on custody and visitation
A parent found guilty of domestic violence is typically presumed to be unfit to have unsupervised possession their children. Texas law limits the rights of a parent convicted of family violence within two years before filing for divorce or during the divorce process. Such a parent might be denied joint managing conservatorship (custody) and might have restricted or supervised visitation rights only.
Protective orders
In severe cases, the court may issue protective orders to safeguard the spouse and children from further abuse. These orders can dictate custody arrangements and restrict the abuser’s access to children.
Legal protections available for victims of domestic violence in Texas
When domestic violence and divorce intersect, victims of family violence have important legal protections under the Texas Family Code. Texas courts may issue protective orders, temporary custody orders, or exclusive use of the marital home to shield the victim and children from an abusive spouse. These measures are critical during the divorce process, especially within the 60-day waiting period that applies when you file for divorce in Texas.
Courts may also seek a history of domestic violence when determining whether the abusive spouse should face restricted visitation or supervised contact with the children. Because Texas is a community property state, these protections can extend to how assets are divided, ensuring victims of family violence are not left at a disadvantage in their divorce case.
Why you need an experienced family law attorney
Divorce in Texas becomes far more complex when emotional abuse or physical violence is involved. Victims often face unique challenges related to custody, property division, and ongoing safety concerns. An experienced family law attorney can help ensure that evidence of abuse is properly presented in court, especially if the other spouse has been convicted of domestic violence.
Legal guidance is essential to navigate protective orders, custody restrictions, and the 60 days required before finalizing most divorces in Texas. With the support of a skilled divorce attorney, victims of family violence can move through the divorce process with greater security, knowing their rights are protected and that Texas courts will consider their safety and well-being first.
Contact us today for compassionate legal representation
At Albin Oldner Law, we understand the complexities and delicate nature of cases involving domestic abuse. such cases. Our experienced attorneys provide robust legal representation and the compassion and support needed to protect your interests and those of your children.
We work diligently to ensure that all relevant incidents of domestic violence are appropriately documented and presented in court, helping to secure outcomes that prioritize safety and justice. Whether you need assistance obtaining a protective order, negotiating safe custody arrangements, or understanding your rights in a divorce impacted by domestic violence, our team is here to help.
Contact Albin Oldner Law today at (214) 423-5100 to discuss your situation confidentially and explore your options under Texas law.
