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Specialty tag(s): Family Partner Violence And Divorce, Divorce

How Does Abuse Affect Divorce?

Lindsey Obenhaus | July 10, 2025

Leaving an abusive marriage is never easy, but it’s important to know that the law can offer support. Whether you’re facing emotional manipulation, financial control, physical violence, or some combination of the above, the connection between abuse and divorce is taken seriously by Texas courts. Understanding your rights and how abuse can influence the divorce process is an important first step in protecting yourself and your future.

What Types of Abuse Can Affect a Divorce?

Abuse can take on a few different forms during a marriage, all of which can affect the divorce. Some are more obvious, while others can be subtle and harder to recognize.

The most common types of abuse include:

• Emotional Abuse: This type of abuse involves cruelty, manipulation, or control that undermines a person’s sense of self-worth. When it comes to emotional abuse and divorce, these behaviors can be used to justify protective orders or affect custody decisions.
• Financial Abuse: Financial abuse is when one spouse controls access to money or restricts the other spouse’s financial independence. Financial abuse in a divorce can influence spousal support and property division.
• Physical Abuse: Any form of violence or threat of violence is taken seriously in Texas courts. In cases of physical domestic abuse and divorce, judges may issue protective orders and impose restrictions on visitation or parenting time.

What Can Be Affected by Domestic Abuse in Divorce Proceedings?

• Property Division: Courts can award a disproportionate share of the estate to the victim during property division in situations involving spousal abuse and divorce.
• Spousal Maintenance: Victims may be eligible for spousal support or alimony following an abusive marriage and divorce.
• Child Custody and Visitation: If abuse is proven, courts may limit a parent’s custody rights, require supervised visitation, or deny access to the child or children altogether.
• Protective Orders: Victims of family violence can seek court-issued protective orders to restrict the abuser’s contact and ensure personal safety.

What Should You Do if You’re in an Abusive Marriage?

Leaving an abusive relationship takes courage and careful planning, but it’s important to remember that you are not alone. Support is available, and there are numerous legal tools at your disposal to help you leave safely and start pursuing a more stable future.

If you are a victim of physical, financial, or emotional abuse and divorce has become the best choice for your situation, you should:

• Speak with a family law attorney experienced in abuse-related cases.
• Develop a safety plan for you and your children.
• Document evidence of the abuse if it’s safe to do so.
• Consider financial steps you may need to take to secure your independence.

Contact an Experienced Family Law Attorney Today

If you require help handling a situation involving abuse and divorce, contact us today to schedule a consultation. Goranson Bain Ausley attorneys like Lindsey Obenhaus have the skills, knowledge, and experience necessary to safely guide you toward a better future.