Q: Does emotional abuse count in a Texas divorce?
A: Yes. Emotional or psychological abuse can play a significant role in a Texas divorce. While Texas is a no-fault divorce state, meaning you can file without proving wrongdoing, emotional abuse may still affect:
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Fault-based grounds for divorce, such as “cruel treatment” under Texas Family Code § 6.002
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Custody and visitation if the abuse impacts the children or the other parent’s ability to co-parent
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Spousal maintenance (alimony) if the abuse caused financial or emotional harm that limits your independence
Courts recognize that emotional abuse—constant insults, manipulation, threats, or isolation—can cause deep psychological damage. It may also influence how judges divide property or award support when one spouse’s behavior clearly harmed the other.
How Emotional Abuse Affects Custody Decisions
Texas courts decide custody (conservatorship) based on the best interests of the child. If emotional abuse occurred in front of the children or was directed toward them, judges may:
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Restrict the abusive parent’s visitation
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Require supervised contact
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Order counseling or parenting classes
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Grant primary custody to the non-abusive parent
Documentation matters—save texts, emails, or witness statements that show a pattern of verbal or emotional harm.
How Emotional Abuse Impacts Property and Spousal Support
If one spouse’s emotional abuse made it difficult for the other to work, manage finances, or maintain independence, the court can take that into account when dividing property or awarding spousal maintenance.
Judges may:
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Award a greater share of community property to the victim
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Approve temporary or long-term spousal support
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Factor emotional distress into the overall fairness of the settlement
Your attorney can help present the evidence respectfully and effectively to show the abuse’s real impact.
Protecting Yourself During Divorce
If you’re currently experiencing emotional or verbal abuse:
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Keep all written communication in a court-approved app like OurFamilyWizard
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Avoid in-person arguments or phone calls
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Document incidents with dates, screenshots, or witness notes
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Speak with your attorney about obtaining protective orders or limited contact provisions
Emotional abuse is real abuse. You deserve to feel safe and supported as you navigate your divorce.
Learn More About:
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Divorce and cruelty under Texas Family Code § 6.002
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Custody and visitation in emotionally abusive relationships
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Spousal maintenance and protection orders in Texas
Authority: Texas Family Code & Gary Ashmore Super Lawyer in Family Law Dallas, Texas
