How The Finding of Domestic Abuse Affects A Divorce in Texas

Texas statics show that 33% of all women will experience intimate partner violence in her lifetime which can significantly affect a family and the course of a resulting divorce in Texas.

Divorce attorneys find that even in what seem to be simpler divorce cases, the normal rules of divorce can be upended when domestic violence is involved.

Though some spouses are reluctant to come forward about it, lawyers who assist clients facing divorce stress that it’s essential to talk about domestic abuse during the divorce process so affected spouses can get the help he or she needs.

Violence and abuse within the family shed a different light on the need to expedite the process and the decisions made finalizing it.

Filing A Divorce When Domestic Abuse Is Involved

A Texas divorce takes a minimum of 6o days to be finalized in the best of circumstances when there are no issues to complicate the process.

Though that may seem like a reasonably short amount of time in most cases, divorce lawyers know that can feel like forever when domestic abuse is a concern.

In a finding of domestic abuse, the normal 60-day waiting in divorce is waived.

Fortunately, with experienced divorce help, those dealing with domestic violence of any kind are able to seek protection from the court while the divorce is filed and processed.

Spouses and their divorce attorneys may file for a Temporary Restraining Order (TRO) or other emergency protection to ensure the safety of children and victim spouses.

Domestic Abuse and the Division Of Marital Property

A finding of domestic violence as presented by divorce attorneys can lead a court to award a disproportionate division of the marital estate to the injured spouse.

With its responsibility to distribute family assets in a fair and just way, the court looks on the abusing and abused spouses in a different light and many times the victimized spouse receives additional consideration.

Child Custody And Domestic Abuse

Domestic abuse within a family with children is a very serious concern that weighs heavily on the outcome of a child custody and support case and greatly impact future visitation with children.

Since the court’s position is always to protect a child, divorce lawyers have seen how this can result in the denial or limiting of conservatorship and visitation to the abusive parent as well as other restrictions on parental rights including the ability to make decisions for the child or to co-parent at all.

In domestic violence cases, the family court can award sole managing conservatorship to the injured spouse and impose other measures for protection of the child such as limiting possession times and even requiring times of possession be supervised.

Experienced Divorce Lawyers Can Help

Domestic abuse is a very serious issue that some spouses and their children deal with on a daily basis which can become a big concern that divorce attorneys know will turn an ordinary divorce into a much more complicated event.

Anyone in an abusive situation who is seeking a divorce should work with a divorce lawyer experienced in cases that involve domestic violence.

With the right legal help, victim spouses and their children can gain necessary protection and fair consideration from the Texas family court during the divorce process and after the divorce is completed.

Schreier & Housewirth Family Law

1329 College Avenue, Suite 100
Fort Worth TX 76104

(817) 753-8565

 

Gregory L. Housewirth is a Board-Certified Family Law Specialist practicing in Fort Worth Texas. With 30 years of family law experience, Mr. Housewirth has represented hundreds of clients in divorce, custody, CPS, modification, and grandparent cases. In addition, Mr. Housewirth is a qualified family law mediator and a member of Collaborative Law Texas, a practice group dedicated to promoting collaborative divorce in Texas.

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