Under Texas divorce laws, family violence can significantly impact the divorce process in several ways. Here are the key areas where family violence can play a role:
1. You can claim a ground for the divorce in your petition for divorce.
Though Texas does not require any fault by either spouse to file for divorce, either party may state a fault-based ground for the divorce. Family violence is not a specific ground of divorce in Texas but the ground of “cruelty” can be claimed when filing a divorce with a statement regarding family violence in the petition. The other fault-based grounds include adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital.
2. Your spouse can be given less or no decision-making rights to your children.
Texas recognizes that a victim of family violence may not be able to make decisions regarding the parties’ children. Hence why the Texas Family Code allows for a court to order that the spouse who has been the victim of the family violence be named ‘sole managing conservator” and be able to make all the decisions regarding the children without having to consult with the abuser.
3. Your spouse can be given less visitation with your children.
Much like decision-making rights, the possession and access of the children may be affected by family violence, especially if the children were absued or witnessed the abuse. The court may find that it would not be in the best interest of the child for your spouse to have unsupervised visitation or a standard possession order if they find there has been family violence.
4. You may be able to expedite the divorce process.
Texas has a 60 day waiting period from the time of filing before you can finalize your divorce. However, you may be able to request a waiver of this period if the family violence has created a justification for the expedition.
5. You can skip the mediation process.
Most courts in Texas require parties to attend mediation before asking the court to order anything in a divorce. However, Texas allows the court to waive mediation if there has been family violence so the victim does not have to go through the formal negotiation process with their abuser.
6. You can be awarded a greater share of the community assets.
Texas is a community property state, meaning that most property acquired by either spouse during the marriage is considered community property and is subject to division upon divorce. In a Texas divorce, courts may make a “just and right” division of the community property. A “just and right” division of the property means the court has discretion over whether to split the community assets 50/50 or, based on the circumstances of the case, the fault-based grounds, or other factors, a more fair and equitable division of the property is necessary.
7. You may be eligible to receive spousal support.
If there is family violence, a Texas court may award the victim of the abuse spousal support especially if the abuse has resulted in any kind of financial loss or affected the ability for the spouse to work.
8. Your spouse may have to pay your attorney’s fees and court costs.
In cases involving family violence, the Texas court may order the abusive spouse to pay the victim's legal fees, especially if the victim had to seek legal protection or incurred additional costs due to the violence.
Safety Tips
If you are currently experiencing family violence in your marriage, the below steps are suggestions for what you may need to do:
- Seek Immediate Safety: Ensure your immediate safety and the safety of your children. Contact local law enforcement or a domestic violence shelter if necessary.
- Document the Abuse: Keep detailed records of any incidents of family violence, including dates, times, descriptions of incidents, and any police reports or medical records.
- Obtain a Protective Order: Consider obtaining a protective order to prevent further abuse during the divorce process.
- Consult an Attorney: Speak with a Texas family law attorney experienced in handling cases involving family violence. They can provide guidance on how to proceed and protect your rights throughout the divorce process.
Family violence may have a profound impact on various aspects of a divorce in Texas including the division of your community assets and child custody. It is essential to seek legal advice and take steps to ensure your safety and protect your rights during this challenging time.