Mary never imagined that the person she married would one day threaten her life. After surviving a violent attack in which her husband stabbed her, the 32-year-old mother knew she needed to safely end her marriage and protect her child. With her husband incarcerated at the time, Mary attempted to file for divorce on her own, hoping to begin rebuilding her life. But navigating the legal system while recovering from severe domestic violence proved overwhelming. Seeking help, Mary turned to Lone Star Legal Aid. Lone Star Legal Aid (LSLA) took on Mary’s case.
When LSLA staff reviewed the divorce petition, they discovered that it did not include the history of domestic violence or allegations of cruelty that had led Mary to seek the divorce. They amended the petition to accurately reflect the abuse Mary had endured and arranged for Mary’s husband to be formally served while incarcerated. Family violence can significantly affect divorce and custody proceedings in Texas. When determining conservatorship and other issues involving children, courts consider evidence of family violence when deciding what arrangements are in the child’s best interest.
In addition to strengthening the divorce petition, LSLA staff helped Mary navigate several legal issues, including custody, marital debt, and an existing paternity order. Although Mary’s husband was properly served, he never filed a response or appeared in the case. As a result, the divorce proceeded by default. The court granted Mary’s divorce, entered a formal finding of family violence, and awarded her sole managing conservatorship of the parties’ child. Sole managing conservatorship gives one parent the exclusive authority to make many of the major decisions affecting a child’s upbringing, including decisions related to education, medical care, and other important matters.
For survivors of domestic violence, obtaining legal protections through the civil justice system can be an important step toward rebuilding safety and independence. Divorce proceedings not only dissolve the marriage but can also provide critical protections for children and help survivors establish a more secure future.
With the divorce finalized and the court formally recognizing the history of family violence, Mary was able to move forward knowing she and her child had greater legal protection and stability.
If you are experiencing domestic violence or need help with divorce, custody, or other family law matters, Lone Star Legal Aid may be able to help. Eligible individuals can apply for free legal services by completing an online application or calling 1-800-733-8394.
Names and identifying details have been changed to protect the identity of the client(s).
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media Contact: cayala@lonestarlegal.org