October 29, 2021 | Share
How Does Domestic Violence Affect Property Division in Divorce? A McKinney Domestic Violence Lawyer Explains the Impact
Property division is a contentious issue even in divorces without other areas of conflict. When you have a situation where one partner is abusive, the process of dividing assets can be particularly fraught with anger and uncertainty. That’s because domestic violence can affect a court’s decision with regard to property division, but the connection between the two factors is not always clear.
If you are considering divorce in the midst of an abusive relationship, it is important to work with a family lawyer who understands the way domestic violence can affect property division in Texas divorce. A McKinney domestic violence lawyer could review your situation and help formulate a favorable plan for property division that fits with legal precedent in these types of situations.
“Just and Right” Division of Property
Section 7.001 of the Texas Family Code requires the court to divide marital property in a divorce in a way that the court “deems just and right, having due regard for the rights of each party.” A history of domestic violence in a married couple’s relationship can influence what a judge views as “just” under the circumstances.
When a McKinney domestic violence lawyer is able to introduce evidence to show instances of repeated abuse during a marriage, the portion of property allocated to the abusive spouse can be reduced substantially. Remember that under Texas community property laws, shared marital property includes more than just real estate and money in bank accounts. It can also include pension funds, retirement savings and business interests.
Domestic Violence Might Encompass More Than You Think
In Texas, domestic violence is generally considered to be an assault committed against a partner or member of the household. Criminal assault involves intentionally or recklessly causing physical injuries, threatening to cause such injuries, or causing offensive contact.
However, the definition of domestic violence in a family law situation may be drawn more broadly. The judge is not trying to determine whether an abusive partner deserves criminal punishment but whether the abusive partner’s behavior justifies awarding more property to the victim. A McKinney domestic violence lawyer might successfully introduce evidence of emotional abuse, verbal abuse, and psychological abuse. And if the abusive spouse was reckless, cruel, or unfair with regard to financial matters, that would certainly be relevant to a decision on the just and right division of property.
A McKinney Domestic Violence Lawyer Can Provide Valuable Insight if You are Divorcing a Cruel Spouse
It may seem like a controlling, abusive spouse is even harder to leave than to live with. Working with a McKinney domestic violence lawyer who understands how to protect your rights can make the process less stressful and produce a positive outcome for your future. Whether you need protection from physical violence, mental cruelty, or financial oppression, the compassionate team at Nordhaus & Nordhaus is ready to help you move forward. Call us today for a free, confidential consultation.
Categories: Family Law & Divorce