Family violence in your Texas divorce can affect the outcome of the divorce. When going through a divorce proceeding, the judge or jury will weigh the effect of family violence in coming to a decision.
In Texas, family violence is also known as domestic violence. It is assault against another member of their family or household. It is not family violence to use protective measures against the attacker.
Family violence is very serious. Not only does it affect the victim, it can affect the children that are involved. If you are a victim of family violence, consult with a family law attorney right away.
Family Violence in a Texas Divorce
Family violence affects how your divorce is handled. In Texas there is normally a sixty-day waiting period before your divorce can become final. This sixty-day waiting period may be waved if there is a finding of family violence.
For example, if your spouse has been convicted of an offense involving family violence. Or, they currently have a restraining order against them due to a finding of family violence. You can have your divorce finalized without the waiting period.
Division of Property
Texas is a community property state. Property accumulated during the marriage is presumed to be community property. Generally, this property is divided 50/50 in a divorce proceeding.
Family violence in your Texas divorce, may entitle you to a greater share of your community property. This may help you to keep the home or other assets needed to care for your family.
Child Custody
The court uses the standard of what is in the best interest of the child to determine custody and visitation. The court will certainly consider any findings of family violence in your Texas divorce. This could affect the time with your child, or even the decisions regarding their care.
Conclusion
No one wants to raise a child in an abusing home. This could have long term effects on you and your child. If you are the victim of an abusive relationship, get help now. You may be entitled to a temporary restraining order.
