Can Domestic Abuse Impact Your Texas Divorce?

 Posted on July 15,2024 in Divorce

Every day in 2021, 6,113 victims were served by family violence resources across the state of Texas. Unfortunately, there are not enough resources to go around, with more than 1,122 requests for shelter and housing going unmet each day. These numbers are overwhelming, yet it is estimated that only 10-25 percent of survivors of family violence will access services. Family violence can be extremely harmful to all those involved. In some cases, a spouse may have been a victim of domestic abuse for so long that they are afraid to file for divorce.

Abusers often tell their victims that if they try to leave, they will find them and kill them. A spouse who has been physically and emotionally abused for many months or years has every reason to believe this statement and little reason to disbelieve it. If you believe that divorce is the best option for you and your children, it is important to speak to a Dallas family law attorney from Law Office of Michelle Poblenz, who has been handling complex and difficult divorces for many years.

Is Domestic Abuse Grounds for Divorce in Texas?

In 1969, California was the first state to implement no-fault divorce. Other states soon followed suit, and today, 33 states offer no-fault divorce, although some allow the filing spouse to choose between no-fault and fault. Since fault allegations must be proven, divorces are more likely to get messy and contentious when a fault is claimed.

In Texas, the spouse of an abuser can claim the marriage has become unsupportable or can file under the cruelty fault, which is detailed under section 6.002 of the Texas Family Code. Although no-fault divorces often reach a resolution much more quickly, filing under the cruelty statute can end up helping an abused spouse stay safe while getting out of a volatile relationship.

The cruelty must be at a level that makes remaining in the marriage impossible. Cruelty includes mental or physical abuse, inhumane treatment, and degrading behaviors. The courts require that physical cruelty be "ongoing and pervasive" and that it can be proven through police records, photographs of injuries, hospital records, and other witness statements.  

How the Texas Courts Help Those Who File for Divorce Under the Cruelty Statute

Texas requires a waiting period of 60 days once a divorce has been filed. For most couples, this waiting period is meant to allow the couple to consider the finality of divorce. A victim of domestic violence who is trying to escape an abuser can find this 60-day waiting period excruciating.  

When domestic abuse is clear, the judge can either make the waiting period shorter or waive it altogether. A protective order can also be requested by the victim of domestic abuse while the divorce is pending. Under Chapter 85 of the Texas Family Code, such a protective order is issued when the court finds clear evidence that domestic violence occurred during the marriage and that the violence and abuse are likely to continue.   

Can Documented Domestic Abuse Affect Child Custody and Property Division?

Judges who decide child custody issues always consider the best interests of the child. When domestic allegations are made, the court will take steps to ensure the matter is thoroughly investigated. Custody and visitation decisions will reflect the findings of that investigation.  When there is documented domestic abuse against the other parent or the child, the goal is to avoid a potentially unsafe situation for the child.

As a community property state, most Texas marital divisions of assets are relatively simple because assets are split equally between the spouses. When there is a history of domestic abuse, the court is allowed to consider whether the couple’s assets are subject to an unequal division. A husband or wife who was victimized by their spouse may not have been able to work and make a living because of the frequent abuse. A judge may determine that a deviation from typical community property asset division is warranted.    

Contact a Tarrant County, TX Family Law Attorney

Victims of domestic abuse are often in an untenable situation—if they stay, they may end up brutally battered or even dead, and if they file for divorce, the outcome could be the same. It is crucial to have a strong Dallas, TX family law attorney from Law Office of Michelle Poblenz to guide you through the process in the best way possible. While difficult, putting abuse and your abuser behind you may be the only choice for your future and that of your children. An experienced, compassionate lawyer can help you accomplish this goal. Call Law Office of Michelle Poblenz at 469-845-3031 to set up an appointment to speak to a skilled legal advocate.