No one should ever have to face domestic violence. There is never an excuse for assaulting one’s spouse. If you have experienced domestic violence in your marriage, divorce may be your best option. Violently abusive spouses rarely stop their behavior on their own. You will most likely need to exit the relationship in order to be safe from further violence. When you are divorcing an abusive spouse, there are some special considerations. Taking care of your emotional and physical needs is very important during this time. Meeting your legal needs and protecting your rights will likely take the skill of an attorney. Daniel R. Bacalis, P.C. is experienced in helping domestic violence survivors get divorced and takes special care to see that survivors are treated fairly throughout the process. 

Advice for Divorcing an Abusive Spouse 

Divorce can be especially challenging for those who were abused during the marriage. Some helpful tips include: 

• Communicate through lawyers only - Your spouse may attempt to contact you directly during the divorce. It is best to respond only by telling them to contact your attorney. Speaking with your spouse gives them the opportunity to try to persuade you to stay. Abusers often resist divorce and may promise to change or behave very kindly in an effort to convince you not to leave. 

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Regardless of a family's circumstances, divorce can be a challenging and emotionally taxing experience for all parties involved. A high net worth divorce, however, brings an additional layer of complexity. Multiple financial issues may need to be addressed, and there are a variety of other concerns that are unique to couples who earn high levels of income or own complex assets. Many of these issues may involve strong emotions, and they can trigger contentious legal battles as spouses seek to protect their financial interests and address other divorce-related concerns. With the help of an experienced attorney, spouses who earn high incomes or own valuable assets can make sure they take the correct approach during the divorce process.

Unique Factors in High Asset Divorce Cases

During a high net worth divorce, couples may need to address issues such as:

• Division of complex and valuable assets - Spouses will need to understand the value of different assets as they proceed with the process of dividing marital property. Financial accounts, real estate properties, investments, and retirement benefits may all have significant value. Other valuable items, such as jewelry, artwork, antiques, collectibles, vehicles, or other forms of personal property may need to be appraised, and both parties will need to understand the extent of what they own as they determine how to divide their assets fairly.

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Parental rights are a fundamental aspect of family law. A person who is legally recognized as a child's parent will have the right to have an ongoing relationship with the child, and they will also have the obligation to provide support and ensure that the child's needs are being met. However, in certain circumstances, parental rights can be terminated. This will usually be an issue that will be addressed in adoption cases, since before a child can be adopted by another party, the parental rights of one or both of their biological parents must be terminated.

The termination of parental rights may also be an issue in cases involving Child Protective Services (CPS). If CPS decides to remove a child from a parent's custody because of issues such as domestic violence or substance abuse, it may take action to terminate a parent's rights, place the child in foster care, and arrange for the adoption of a child by foster parents or other parties. Because issues related to the termination of parental rights can be complex, it is important for parents and other involved parties to understand when a parent's rights can be terminated and the procedures that will be followed in these cases.

Grounds for Termination of Parental Rights in Texas

There are some situations where a parent may voluntarily agree to give up their parental rights. This is often a factor in stepparent adoption cases, and when a stepparent wishes to become a child's legal parent, the child's other biological parent may agree to the termination of their rights. However, if a parent is not willing to give up their rights, if they refuse to participate in legal proceedings related to adoption, or if they cannot be located, steps may be taken to have the parent's rights involuntarily terminated. Involuntary termination may also be appropriate in situations where children are removed from a parent's custody due to issues that could affect their health, safety, and well-being.

Divorce can be a daunting process, since there are numerous legal and financial concerns that a couple will need to address before they can end their marriage. In some cases, one spouse may believe that they are at a financial disadvantage because they rely on the other spouse to earn the majority of the family's income or because there are factors that prevent them from maintaining employment and fully supporting themselves. Depending on the situation, spousal support may be appropriate. This form of support will require one spouse to make ongoing payments to the other to ensure that they will be able to meet their ongoing needs. By understanding the factors that may be considered by a family court judge when addressing issues related to spousal support, divorcing spouses can advocate for solutions that will protect their financial interests.

Who Is Eligible for Spousal Support?

Under Texas law, spousal support is referred to as "spousal maintenance." However, it is also commonly known as "alimony." Not every spouse is eligible for spousal support in a Texas divorce. Generally, spousal support can be ordered for a spouse who does not own sufficient property that will allow them to meet their reasonable needs. That is, if the assets awarded to a spouse during the property division process and the separate property they owned prior to getting married will not provide them with enough financial resources to support themselves, they may request ongoing spousal support payments.

In addition to a lack of sufficient property, a spouse who requests spousal maintenance will need to meet one of the following requirements:

Parents who decide to get a divorce will need to address a variety of issues related to their children, and these concerns can also affect unmarried parents who break up or are not in a relationship with each other. In addition to child custody, which will determine how parents will make decisions about how their children will be raised and when children will live with each parent, child support will be another important factor to address. Child support orders will ensure that both parents are contributing financially to their children's needs. In most cases, the "obligor," or the parent who pays child support, will be the non-custodial parent, and they will make ongoing payments to the "obligee." To ensure that issues related to child support will be handled correctly, it is crucial to understand how the amount of child support payments will be calculated according to Texas law.

Calculating Net Resources for the Purposes of Child Support

In Texas, child support is determined based on the income earned by the obligor. Thus, it will be necessary to determine the "net resources" that are available to the parent who will be paying support. To determine net resources, all sources of income will be added together, including any salary, wages, tips, and commissions, as well as royalties, interest and dividends on investments, self-employment income, or income earned through rental properties. Other sources of funds, including retirement benefits, veteran's benefits, unemployment benefits, workers' compensation benefits, severance pay, distributions from trusts, prizes won, gifts received, and capital gains earned from the sale of assets, may also need to be considered. Deductions will be made from this total amount, including federal and state income taxes, Social Security taxes, and union dues, and the resulting amount will be the figure used to calculate child support.

Texas Child Support Guidelines

The guidelines provided in Texas law calculate child support based on a percentage of the obligor's net resources. The percentage used will depend on the number of children a parent will be supporting: