Can Cruel Treatment in a Texas Marriage Affect a Divorce?

 Posted on November 22,2024 in Divorce

Although every state now offers no-fault divorce, some—including Texas—still allow fault-based divorce as an option. A no-fault divorce tends to be easier, more cost-effective, and generally provides less drama because one spouse does not have to prove the grounds for the divorce.

Even so, Texas law recognizes "cruel treatment" as grounds for divorce, and there are certain instances where it can be advantageous for a spouse to file under fault-based grounds. If you are considering filing a fault-based divorce using cruel treatment as grounds, it can be beneficial to speak to a knowledgeable Hurst, TX divorce lawyer from Daniel R. Bacalis, P.C..  

How Claiming Cruel Treatment Can Be a Strategic Move

Although cruel treatment is recognized as grounds for divorce in Texas, there is not a specific definition of the term. Behaviors that would make living together difficult or unbearable are usually under the umbrella of cruel treatment and can include physical violence, extreme emotional abuse, chronic humiliation, and threats of violence.

A claim of cruel treatment must be proven in court by documenting instances of cruelty with dates, details, and witnesses when available. But is there a benefit to claiming cruel treatment? In fact, in some cases, claiming cruel treatment can result in a larger share of the marital property, receiving more spousal support for a longer period of time, and an advantage when determining child custody.

A 2018 Court of Appeals case (No. 06-21-00088-CV) dealt with this exact issue. The original court concluded that the husband’s cruel treatment led to the breakup of the marriage. As a direct result, the wife received a disproportionate division of community assets while also giving the wife a more favorable custody arrangement of the couple’s child. The husband appealed, stating there was insufficient evidence to show he was guilty of cruel treatment, so the property settlement and custody decision should be reversed.

The appeal court found no abuse of discretion in the property division or the custody decision, affirming the trial court’s judgment. So, even though Texas is a community property state, which generally means all marital assets are split right down the middle, when fault can be proven, the spouse claiming fault may be entitled to a larger share of the marital assets.

Proving Fault is Not Always Easy

Even when fault clearly exists, it can be difficult to prove and can both complicate and prolong the divorce. Divorces can get ugly under the best circumstances, and when one spouse claims fault, it can get even uglier. A fault-based divorce can be emotionally draining as it will require extensive proof of cruel treatment, which may not be that easy to come by. In most cases, there are no witnesses to cruelty to one spouse by the other.

Documenting the instances of cruelty without a witness or a police report can be seen as "he said, she said." Additionally, a spouse who has been the victim of cruelty from the other spouse for many years may not want to relive those experiences. Filing an at-fault divorce can be more expensive and will definitely take more time. Yet, if you feel that claiming cruel treatment by your spouse could make a significant difference in marital settlement, spousal support, or child custody, it could be worth the extra time, expense, and emotional toll.

Contact a Tarrant County, TX Divorce Lawyer

Consulting with an experienced Hurst, TX divorce lawyer can be extremely important if you are considering a fault-based divorce. When you choose Daniel R. Bacalis, P.C., we will consider your specific circumstances and advise you on the best course of action. Attorney Dan Bacalis is a Board-Certified Family Law Specialist who will give your unique situation every consideration. Call 817-498-4105 today to schedule your free consultation.