Domestic violence frequently results in adverse divorce outcomes for alleged abusers. They may end up with unfavorable child custody arrangements and less than what they otherwise would have received when the court divides the marital assets.
Domestic violence is a serious problem throughout the U.S. and in Texas specifically. In 2016, there were 196,564 reported incidents of domestic violence impacting 219,782 victims. Compared to the previous year, this was an almost one percent increase in incidents and a four percent increase in victims. Keep in mind that this type of abuse is widely underreported. Suppose you are considering a divorce or are already headed for one. In that case, you might be wondering how abuse can impact your divorce. It’s best to discuss the specifics of your case with a Sugar Land domestic abuse lawyer in a private, confidential case consultation.
The first and the most critical impact of domestic violence in a divorce filing is the outcome of child custody. If there is a pattern of behavior indicating domestic violence, then that spouse is much less likely to get child custody. If extreme allegations of domestic violence can be established, some courts might prohibit visitation entirely. Other courts might allow supervised visitation, or visitation only in public places, or deny overnight visitation. Judges make this decision based on the child’s best interests. Depending on the specifics of the situation, the court might consider domestic violence as a primary factor in determining custody rights. Your Sugar Land domestic abuse attorney can shed more light on how the domestic violence might impact child custody in your divorce.
Division of Marital Property
Courts typically consider a spouse’s behavior during marriage when determining the division of marital assets in divorce proceedings. A more significant portion of marital assets might be awarded to the spouse who is the victim of domestic violence. If economic or financial abuse took place during the marriage, then the division of the property will favor the victimized spouse. Suppose the domestic violence included mental abuse that obstructed the victim’s ability to earn money or caused them to lose a job. The courts will usually award more of the marital assets to the victim.
If the domestic violence includes economic or financial abuse, then the judge might order higher alimony. Sometimes, even if the victim’s earning capacity wasn’t impacted, the courts may decide to grant alimony to the spouse who suffered domestic abuse.
Sugar Land Domestic Abuse Lawyer
Domestic violence can result in different civil and criminal charges against the alleged perpetrator, including criminal assault and battery charges. When these charges either part of a divorce proceeding or are grounds for divorce proceedings, certain rights are impacted. The abuser’s legal right to child custody and equal distribution of marital assets are negatively affected in a divorce proceeding when there are domestic violence allegations. At Jaime Jordan, PLLC, we know that divorce and domestic violence are difficult topics. We are here to help, no matter your situation. Discover more about our family law services by scheduling your confidential case consultation today. Call (832) 463-4933 or reach out to us online.