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Divorcing an Abusive Spouse

Domestic violence is often a catalyst for divorce. How an attorney handles a divorce where there has been domestic violence differs from a traditional divorce in many cases.

Domestic Violence Can Be Deadly

If you are in a violent marriage, it is advisable for you to seek assistance. About one-third of all women killed in the United States are killed by a partner or an ex-partner. The women in a physically abusive relationship have a higher risk of dying at the hands of a partner.

Domestic Violence Is a Ground for Divorce

In Texas, there are no-fault divorces and fault divorces. Most people choose to file a no-fault divorce, even if there is a ground for a fault divorce. People do this because often they do not want to go through the steps of proving a ground of fault.

However, if you have suffered domestic violence, it may be advisable to file for a fault divorce alleging cruelty because it can enhance your financial award.

You May Be Eligible for a Protective Order

There are a couple types of protective orders that you can seek with the help of an attorney. These orders can keep your ex from being around you or contacting you as well as keep them from carrying a weapon. Many clients feel safer once a protective order has been issued.

Domestic Violence Can Affect Your Property Division and Spousal Maintenance

If you file for a fault divorce, a judge will take into consideration the domestic violence perpetrated on a spouse. The judge could award you a larger share of community property than what you would normally be entitled to.

Also, in Texas, there is a presumption against spousal maintenance (also called alimony). However, if domestic violence has been proven, the court will consider making such an award.

Contact a Texas Divorce Attorney

Protecting our clients is our top concern. You can trust our firm’s attorney to get you the most protection afforded under the law. Our lawyer will also thoroughly pursue your rights as a domestic violence victim going through a divorce.

If you are considering divorcing your spouse, contact Katy, TX divorce attorney Frank J. Vendt, Jr. at The Vendt Law Firm, P.L.L.C. at (832) 263-6770.

http://www.huffingtonpost.com/2014/10/09/men-killing-women-domesti_n_5927140.html

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.6.htm

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