If you’re living with an abusive spouse, divorce is likely your best option, but it’s important to proceed with caution. Abuse can escalate during times of stress, and victims are most at risk when they take steps to leave their abusers.
Your spouse’s abuse can directly affect the outcome of your divorce, and working closely with an experienced Killeen divorce attorney from the outset is the best means of protecting your rights and yourself as you move forward toward a brighter future.
Domestic Abuse Statistics in Texas
The Texas Council on Family Violence (TCFV) shares the following dire statistics regarding domestic abuse in the state for a recent year:
Each day, family violence programs served more than 6,100 victims.
Less than a quarter of victims sought services.
Each day, more than 1,000 requests for help went unmet.
Domestic abuse is all too common and exceptionally harmful. If you’re experiencing abuse in your marriage, a seasoned Killeen divorce attorney can help you address the matter head-on by taking the following steps:
Strategizing a safe and effective path forward that protects your parental and financial rights
Ensuring that you know and effectively implement the legal resources available to you
While most people equate domestic abuse with physical abuse – in which the abuser physically harms the victim – it can actually take several of the following dangerous forms that can do considerable damage:
Sexual abuse, which refers to engaging in any sexual act without the other person’s consent
Emotional abuse, which can include humiliation, intimidation, constant criticism, and ongoing disapproval with the intent of eroding the victim’s sense of self-worth and independence
Financial abuse, which refers to attempting to control the household’s income, assets, and resources with tactics such as limiting the victim’s access to marital funds, stealing from him or her, or defrauding him or her
Psychological abuse, which refers to causing the victim to live in fear, such as through intimidation, the destruction of property, isolation from loved ones, or threats of physical harm – to the victim, loved ones, or a pet
Domestic abuse is driven by power and control that can strip victims of personal autonomy and can have serious, long-lasting consequences. If you’re the victim of an abusive spouse, the sooner you seek help, the better protected you and your children will be.
Texas Is a No-Fault Divorce State
The vast majority of divorces in Texas are no fault, which means that neither spouse is identified as being responsible for the breakdown of the marriage.
No-fault divorces are generally settled out of court, which means that they are uncontested divorces – or that the two spouses are ultimately able to hammer out divorce terms that they find mutually acceptable. In other words, most Texas divorces are both no fault and uncontested.
Texas also grants fault-based divorces that are tied to one spouse’s wrongdoing. Fault-based divorces are contested divorces, which means that the divorce terms are resolved in court. There are several grounds for fault-based divorce in Texas, and they include abuse of all kinds, which are classified as cruelty.
Your Divorce
If your spouse is abusive, you can seek a divorce that is based on mistreatment. To do so, you’ll need to prove that your claim of abuse is true, which typically comes down to the following kinds of evidence:
Police reports
Medical records of injuries you sustained at your spouse’s hand
Photos of injuries you sustained as a result of your spouse’s abuse
The testimony of those who witnessed your abuse, such as neighbors or family members who heard your spouse belittling or threatening you
In order to obtain a divorce that is based on fault, you’ll need to prove that your spouse meets the criteria for abuse, which can be a tall order. Your seasoned Killeen divorce attorney will leave no stone unturned in his or her focused efforts to clearly identify your spouse’s abuse – regardless of the form it takes.
Emergency Protective Orders
Filing for divorce can amplify the abuse in your marriage, but seeking a temporary emergency protective order may help protect you and your children. You can obtain a protective order without a hearing and without your spouse being notified ahead of time if you can demonstrate that your soon-to-be ex presents a clear and present danger to you, your children, or all of you.
Emergency protective orders are issued for up to 20 days, and they can be extended for an additional 20 days. You'll need to request a hearing before your temporary protective order expires to obtain a final protective order that can last up to two years. Your compassionate Killeen divorce attorney has the legal insight and drive to help you obtain the legal protections you require.
The Cooling Off Period
Divorcing couples in Texas must wait at least 60 days from the date of filing for divorce before their cases can be finalized. This time is referred to as a cooling-off period. In reality, most divorcing couples require additional time beyond the cooling-off period to negotiate terms that they are both willing to sign off on.
However, if you are the victim of abuse, the court recognizes the increased risk you face in response to your divorce filing and can waive the 60-day waiting period as a result. If your spouse has a domestic violence conviction or if you have obtained a temporary emergency protective order in response to abuse, the court can speed up your divorce process.
Abuse and Property Division
In Texas, the assets that couples acquire while married are considered marital property – regardless of who made the purchase and whose name is attached to the asset. Upon divorce, these assets are divided between both spouses fairly, which can mean equally but, depending upon the circumstances, can instead be divided in one spouse’s favor.
While there are a range of factors that come into play in the process of dividing marital assets fairly, fault is one of them, and it can make a substantial difference in how this divorce term is resolved. Your spouse’s abuse can lead to a division of property that favors you.
The following factors are also taken into consideration in the division of marital property:
The overall size of the marital estate
Each spouse’s separate estate – or the assets each of you brought into the marriage with you and kept separate throughout
The length of the marriage
Each spouse’s contributions to the marriage, including in the form of homemaking and caring for the children
Each spouse’s age and overall health
Each spouse’s overall education and earning potential
Each spouse’s job history
The division of marital property can quickly become complicated, so it is always best to proceed with a skilled Killeen divorce lawyer on your side.
Abuse and Child Custody Arrangements
Your spouse’s abuse can also affect your child custody arrangements. Texas courts are guided by the children’s best interests, and, all things being equal, this priority translates to each parent receiving a generous amount of parenting time. However, when one parent is identified as abusive, it can affect the time he or she can spend with the children – and the parameters for visitation.
Only under very serious circumstances is a parent denied all visitation with his or her children. However, the court may seriously limit the parenting time an abusive spouse receives and may limit it to supervised visitation. Supervised visitation can be in the parent’s home or in a facility that is designed to ensure that the children are well protected throughout these visits.
Often, a spouse who is identified as abusive is required to seek help before supervised visitation is allowed. Prime examples include all the following resources:
Anger management courses
Drug rehabilitation
Battering intervention and prevention programs (BIPP)
A parent with a history of family violence or domestic abuse cannot be granted sole custody of a child in the State of Texas.
Abuse and Spousal Support
Your spouse’s abuse can affect whether or not you receive alimony as well as the amount. Alimony is reserved for those cases that leave one spouse without the financial means to address reasonable needs in relation to the standard of living achieved during the marriage while the other has the ability to help.
One form of abuse that many victims experience involves financial control, which can leave them at a serious financial disadvantage that the court recognizes and can address through spousal support.
If your spouse was convicted of an act of family violence against you or one of your children within two years of your divorce filing or while your divorce was pending, it can directly affect your ability to obtain alimony and the involved terms. Discuss your case with a Killeen divorce attorney to learn more about how spousal support will play a role in your divorce
Abuse and Child Support
Both parents are responsible for supporting their children financially – whether they are married or not. Upon divorce, many factors go into the child support calculation process, including the following factors:
The number of children covered
The children’s ages and developmental stages
The children’s needs, including any special needs
The cost of out-of-pocket medical expenses
Each parent’s income
The amount of parenting time each spouse receives
How well the children’s current living situation, home, schooling, and community (also called the status quo) work for them
Whether domestic violence or abuse is an issue
If your spouse is abusive, you are very likely to be the primary custodial parent and your spouse’s parenting time is likely to be limited. As such, your ex will almost certainly be required to make child support payments to you.
Abuse and Criminal Charges
If your spouse’s abuse has escalated to criminal acts, criminal charges may be necessary in order to keep you and your children safe during this challenging transition. Domestic abuse laws in Texas are such that the police don’t always need a warrant to make an arrest, including under the following circumstances:
If there is evidence that you’ve been physically abused or injured
If you reported a domestic abuse incident within the previous 48 hours
If the attending officers have probable cause to believe your spouse will continue physically abusing you or another household member
Abusive spouses who are arrested tend to face the following kinds of charges:
Assault
Criminal threat
Harassment
Trespass
The charge can be elevated to a felony if your spouse used a weapon in the course of threatening or assaulting you.
Further, marital rape is a second-degree felony that carries a prison sentence of up to 20 years and fines of up to $10,000. If the rape involved threats, physical violence, or drug use, the charge can be enhanced to the first-degree felony of aggravated sexual assault, and a conviction carries up to a life sentence.
It’s important to note here that, as a victim of domestic abuse, you aren’t required to testify against your spouse in court after filing a criminal charge against him or her. If you choose to do so, however, you may.
Turn to an Experienced Killeen Divorce Attorney for the Help You Need
Domestic abuse is a serious matter that should never be ignored or minimized, and it’s important to keep in mind that you’re never more vulnerable than when you’re taking steps to leave your abuser.
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Killeen, Texas – is a formidable divorce attorney who is committed to fiercely advocating for your legal rights and protecting your safety throughout the legal process.
His long, impressive track record of successfully handling both criminal and divorce cases has prepared him to help divorce clients who are victims of domestic abuse, and he’s standing by to help you. Learn more by contacting us online or calling us at (254) 781-4222 and scheduling a FREE consultation today.