Divorce is a complex issue that can be even more daunting when domestic violence is involved. Victims of domestic violence who are thinking about a divorce should discuss the matter with an experienced divorce or domestic abuse lawyer. It can change the process and outcome of their divorce.
In Texas, family violence between spouses or ex-spouses accounts for nearly 40 percent of all reported cases. Domestic abuse sometimes leads to or plays a role in formal divorce proceedings. While Texas doesn’t require spouses to provide grounds for their divorce filing, there is an option to do so.
One of these reasons could be domestic abuse. Suppose there is cruelty by one spouse towards the other that makes living together impossible. In that case, the victimized spouse can use this as grounds. Still, some spouses who have been physically or emotionally abused aren’t sure if they should bring up their experiences in their divorce cases. Before deciding what to do, they should meet with an experienced and compassionate Sugar Land domestic abuse lawyer.
How Domestic Abuse Can Impact a Divorce Case
If you are the victim of domestic abuse, it’s generally in your best interest to bring any abuse you’ve suffered into your divorce case. Under most circumstances, you will only benefit from it.
Texas is a community property state when it comes to divorce. Courts can use their best judgment to determine the division of property or assets based on what it considers to be “just and right.” It only makes sense that if there is a known history of domestic violence or other types of spousal abuse in the marriage that it would influence the court’s decision when it comes to dividing property. Your Sugar Land domestic abuse attorney can explain in further detail how this might impact your case.
Child Custody and Visitation
If you have children, the court should be made aware of any abuse in the home, even if it’s only between you and your soon-to-be-ex. Family court judges have a duty to prioritize the well-being of any children of the marriage above anything else. Suppose one parent has a history of abuse. In that case, the court needs that information to make custody and visitation decisions that are in the best interests of the children.
Also known as alimony or spousal support, domestic abuse can play a role in whether or not the court issues this award. In certain circumstances of protective orders or previous convictions, the family court can use domestic abuse as one reason to award the victimized spouse alimony.
Meet with an Experienced Sugar Land Domestic Abuse Lawyer Today
At Jaime Jordan, PLLC, we help spouses through divorce and domestic abuse situations. If you are facing both at the same time, time is of the essence. You can find out more about our divorce services by scheduling your consultation today. Call us at (832) 463-4933 or get in touch with us online.