Emotional abuse is a critical topic that many divorce lawyers come across in their cases, something that can significantly affect the outcome of a divorce.
The Texas Family Court system takes accusations or evidence of emotional abuse very seriously when weighing the position of both spouses and abusers may receive a less favorable consideration in his or her divorce case.
Although valid proof is critical, clear evidence of emotional abuse can significantly affect the outcome of a divorce or child custody order.
Emotional Abuse As Defined by the Texas Family Court
Emotional or psychological abuse is any behavior exhibited by the abuser that negatively affects the abused person by causing him or her anxiety, fear, depression, PTSD, or other forms of psychological trauma.
Unfortunately, it’s something that divorce attorneys frequently see when there is animosity between divorcing spouses, even if it is unintentional.
Controlling behavior, verbal threats of physical harm, humiliation, spying or following a spouse, and isolating them from friends and family are just some of the behaviors that can constitute emotional abuse.
If any of these things are happening within a relationship, divorce lawyers may use it as evidence to support the case of the spouse on the receiving end of that abuse.
Emotional Abuse Can Change the Outcome In Divorce
No matter what the circumstances surrounding divorce may be, the main goal of both the family court and divorce attorneys is to seek the fairest outcome that is in everyone’s best interest, especially if children are involved.
Each spouse’s complaints are viewed on proverbial level ground as details like the disbursement of marital property, child custody, and co-parenting are determined unless there are factors that suggest some kind of wrongdoing by one of the parties.
One such wrongdoing that can seriously affect the outcome of a divorce is displays of emotional abuse.
How Can Emotional Abuse Affect A Divorce?
There are a number of ways that emotional abuse can affect a divorce, most notably for the spouse proven to be the abuser.
Divorce attorneys find that not only may some courts give greater financial consideration to the other spouse, it could also impact how the court views child custody, visitation, and co-parenting.
In lesser cases, abusive spouses may find their visitation rights limited and more controlled or a judge may even require them to attend counseling before they gain the right to unsupervised visits.
In worse cases where the abuse was significant and particularly damaging or ongoing after the divorce necessitating therapy or other remedies, an abusive spouse could even have their parental rights seriously questioned.
This is not an ideal situation; however, when the mental and emotional health of children is at stake, the Family Court will do what it feels is best to protect the involved children.
Is Emotional Abuse A Factor In Your Divorce?
Emotional abuse can leave lasting scars that affect you or your children long after the divorce is final.
It can also affect decisions pertaining to your divorce, child custody orders, and other factors relating to co-parenting, visitation, and the safe and happy raising of your children.
Anyone who suspects they or their children are victims of emotional abuse by a spouse or parent should discuss their situation with an experienced divorce lawyer who can help them gather necessary proof and present that information in support of their request for divorce and custody specifics.
Garza & Elizondo, LLP
680 East St. Charles St, Suite 600
Brownsville TX 78520