Divorcing As A Victim Of Domestic Violence

Family violence can drastically impact divorce proceedings. At The Law Office of Randy Mora, PLLC, we know how critical it is to act quickly in cases of domestic violence to keep every member of the family safe. Attorney Mora provides compassionate representation to protect victims. Together, we will help you escape from an abusive relationship.

Before you begin the process, however, it can be important to understand the basics of how family violence may impact your divorce.

Waiting Period

In Texas, couples must wait 60 days after they file a petition before the divorce is finalized. A judge will waive this waiting period if:

  • You have filed a restraining or protective order against your spouse
  • Your spouse or other members of the household have been convicted of domestic violence

Property Division

Texas is a community property state. Judges can use their discretion regarding property division based on what they believe to be a fair split. Because judges have sole discretion over property divisions, domestic violence is likely to impact the outcome of these matters.

Spousal Maintenance

In Texas, spousal support is not awarded in marriages that lasted less than 10 years. However, this may not apply in cases where:

  • There is evidence of domestic violence in the last two years
  • You are seeking spousal support from someone who was convicted or received deferred adjudication in a domestic violence case

Child Custody

Judges make custody decisions based on what the best interests of the child are. However, if there is evidence of physical or sexual abuse against a spouse, child or their parent, it will be difficult, if not impossible, for the abuser to obtain joint or sole custody.

An Award-Winning Attorney Protecting Domestic Violence Victims

Our lawyer has received several awards during his career. These include being named a Top 40 Under 40 by The National Advocates in 2016 and 2017 and a Top 30 Family Law Attorney in 2015 as voted by his peers. These awards are a result of his steadfast commitment to his clients and dedication to their success. We treat our clients as family, and we will do whatever it takes to ensure a fair divorce.

Take Immediate Action To Divorce An Abuser. Call Today.

We serve the south central Texas area at both our San Antonio and Castroville offices. Schedule a consultation today by calling 210-446-0306 or request an appointment online.