If you find yourself trapped in an abusive marriage in the state of Texas, the idea of seeking a divorce can be overwhelming and intimidating. However, it is crucial to understand that you do have legal options at your disposal to ensure your safety and the well-being of your family.
Understanding the Grounds for Divorce in Texas
In Texas, there are seven different grounds on which a divorce can be granted. These include:
- Insupportability: This is the most common ground for divorce in Texas. It simply means that you believe the marriage is insupportable due to conflict or discord.
- Cruelty: If you have experienced extensive physical or emotional abuse from your spouse, you may seek a divorce on the grounds of cruelty.
- Adultery: If your spouse has engaged in extramarital affairs, this can be a valid ground for divorce.
- Conviction of a felony: If your spouse has been convicted of a felony and imprisoned for at least one year, you have grounds for divorce.
- Abandonment: If your spouse leaves you with the intention of abandonment and remains absent for at least one year, you may seek a divorce on these grounds.
- Living apart: If you and your spouse have been living apart for a continuous period of at least three years, you can pursue a divorce due to living apart.
- Confinement in a mental hospital: If your spouse has been confined to a mental hospital for at least three years and it is unlikely that they will recover from their mental illness, you have grounds for divorce.
Demonstrating Abuse or Cruelty as Grounds for Divorce
Should you choose to seek a divorce on the grounds of cruelty or abuse, it is crucial to present evidence to the court that your spouse’s behavior has been so severe that continuing the marriage is untenable. This evidence can include documentation of both physical and emotional abuse, such as police reports, medical records, witness statements, and any other relevant forms of documentation.
The Importance of Protective Orders
If you fear for your safety or the safety of your children, obtaining a protective order (also known as a restraining order) becomes an essential step. This court order legally requires your abuser to maintain a distance from you and forbids any contact. Aside from providing physical protection, a protective order can address concerns related to custody, visitation, and child support. It is important to note that violation of the protective order can result in criminal charges against your spouse.
Seeking Guidance from an Experienced Divorce Attorney
Dealing with abuse while navigating a divorce can be an overwhelmingly daunting task. That’s why it is crucial to enlist the support of an experienced divorce attorney who can guide you in the right direction throughout the process, ensuring your rights and safety are protected. By seeking legal counsel, you will gain help in obtaining a protective order, gathering necessary evidence of abuse, and filing for divorce on the grounds of cruelty. Furthermore, an attorney can assist in addressing crucial issues such as property division, child custody, and child support.
In Conclusion
As a victim of domestic violence or abuse, it is important to remember that you are not alone and that there are legal options available to protect yourself and your family. To ensure your safety and seek justice, reach out to an experienced divorce attorney who can guide you through obtaining a protective order, gathering evidence of abuse, and filing for divorce on the grounds of cruelty. Remember, you have the right to a life free from abuse, and help is available to you.