Tag Archives: property division

How Allegations of Family Violence Can Affect a Texas Divorce

Family violence happens when someone uses abusive or controlling behavior to harm another member of the family. It can be complicated and deeply personal. While violence takes different forms in every family it touches, one thing remains constant: Domestic violence can have a significant impact on the outcome of a divorce. Here are some things to consider.

Family Violence and the Divorce Process

The divorce process is often different for people who face violence in their family relationships. Victims of domestic violence also have legal tools they can use for protection. One option is to petition the court for a protective order (sometimes called a restraining order). When a protective order is in place, it can affect many different things–from where a spouse lives during the divorce process to how often he or she sees the children.
Options for resolution are different, too. For example, mediation is often used as a tool for couples to come to an agreement on the issues in their divorces. However, professionals do not recommend medication for couples when domestic violence is a factor. The reason? Judges and lawyers worry that one spouse will have too much leverage in negotiations, and the outcome won’t be fair.
Domestic violence can also speed up a divorce. The Texas Family Code says that couples must wait at least 60 days after filing a divorce petition for a divorce to be final. But this requirement can be waived in cases involving domestic violence.

Family Violence and Child Custody

Judges consider the “best interests of the child” when making child custody decisions. If one parent has a history of domestic violence, the judge will consider that as part of the best interests’ evaluation. Texas law says that parents who physically or sexually abused their children during the previous two years cannot have custody. Even if the kids were never harmed, domestic violence affects things like the ability of parents to make major parenting decisions together, as well as child custody drop-offs.

Family Violence and Property Division

Texas is a community property state. Generally, couples split the things they acquired during the marriage 50/50. However, there are some exceptions, including family violence. Domestic violence can be a reason for courts to decide on the unequal division of assets.

Fighting False Allegations of Violence

Our firm has handled several cases where on spouse made false allegations of family abuse in order to influence a pending divorce or child custody case. This is a serious injustice, and we won’t let our clients be falsely accused. We believe in fighting allegations aggressively and protecting our clients’ rights.

Choose an Attorney With Family Violence Experience

When you are choosing your divorce lawyer, pick one who has experience in domestic violence and divorce. Your lawyer will be experienced in advocating for your rights during the divorce process so that they are protected. You can get started by calling the Arlington office of the Schneider Law Firm, P.C., at 817-799-7125.

4 Things You Should Know About the Texas Divorce Process

Most people who divorce have never done it before and didn’t expect to ever go through it. They have no idea what to expect. If you are considering a divorce or have been served with divorce papers, here are some basics you should know from the lawyers at the Schneider Law Firm, P.C., in Ft. Worth.

1. There Must Be Grounds for Divorce in Texas

Texas isn’t a “no-fault” divorce state. That means that in order to get a divorce in Texas, there must be a reason (“grounds for divorce”). The reason can include things like adultery, abandonment or conviction of a felony. Most divorces cite “insupportability” as the reason, which means that the marriage cannot continue due to conflicting personalities.

2. Contested vs. Uncontested Divorce

Divorces come in two types: contested and uncontested. Many people think that they have an uncontested divorce because they generally get along with their spouses. However, the definition is stricter. To have an uncontested divorce, you and your spouse must agree on every issue in the divorce. Otherwise, you have a contested divorce. Sometimes, divorces that start as uncontested divorces end as contested ones.

4 Things You Should Know About the Texas Divorce Process

3. You’ll Need to Resolve Four Major issues

Each divorce is different, and not all divorces involve children. Generally speaking, though, there are four major issues to consider in a Texas divorce:

  • Child custody: Texas courts divide child custody into conservatorship and possession/access. Conservatorship is the ability to make major decisions about the child’s life. Possession/access is where the child lives.
  • Property division: There are two types of property in Texas: community property and separate property. Community property is things you and your spouse have collected during the marriage – like your savings accounts and real estate. Your debts are also considered. Community property is usually split 50/50.
  • Child support: Courts order child support according to a series of Texas Child Support Guidelines that consider several factors.
  • Alimony: Courts can sometimes order alimony for a limited time when the receiving spouse is not able to earn enough income.

4. You Only Get One Chance to Do Your Divorce Right

It may sound harsh, but you only get one chance to decide the major issues of your divorce and make sure your interests are protected. It is possible to appeal a divorce in some cases, but it’s much easier to do things right the first time.
Talk with an attorney before making big decisions. Start by taking steps to get as much information as possible. Call the Arlington office of Schneider Law Firm, P.C., at 817-755-1852.