Understanding Cruel Treatment in Texas Divorce Cases
For over 25 years, I served as a debtor’s attorney, filing over 4,000 Chapter 7 and Chapter 13 bankruptcy cases. Now, I exclusively represent creditors, ensuring they recover what they are owed under Texas law. My extensive legal experience also informs my approach to complex family law cases, including divorce proceedings based on the grounds of cruel treatment under Texas Family Code Section 6.002.
Legal Definition of Cruel Treatment
To be considered “cruel treatment” under Texas law, the conduct of one spouse must rise to such a level that living together becomes insupportable—meaning it is unbearable, unendurable, or intolerable.
Case Law Examples
- Ayala v. Ayala, 387 S.W.3d 721 (Tex. App.-Houston [1st Dist.] 2011): Mere disagreements or trivial matters are insufficient for a finding of cruelty.
- Kemp v. Kemp, No. 11-11-00292-CV, 2013 WL 5891583 (Tex. App. 2013): Acts such as emotional abuse, property destruction, and harassment supported a finding of cruelty.
Acts That May Constitute Cruel Treatment:
- Verbal abuse, including yelling, cursing, or threats.
- Physical intimidation or harm.
- Deliberate emotional harm, such as sending distressing images or messages.
- Destructive behavior, like burning personal property.
- Ongoing behavior that exacerbates medical conditions.
Factors to Build a Case for Cruelty
Proving cruelty requires a fact-intensive approach. Here’s how to strengthen your case:
- Document Incidents: Maintain a detailed journal of your spouse’s behavior, including dates, times, and specific events.
- Collaborate With Your Attorney: Share your experiences and evidence to develop a cohesive case theory.
- Understand Your Judge: Tailor your approach to align with your judge’s preferences and past rulings.
- Consider a Jury Trial: Fault issues, such as cruelty, can be presented to a jury for deliberation.
Important Legal Considerations
- Acts After Separation: Cruelty isn’t limited to acts during cohabitation. Behavior after separation can also support a finding of cruelty. (See Ayala, 387 S.W.3d at 733).
- Severity Matters: Isolated or trivial incidents, such as minor disagreements, are generally not sufficient. The behavior must meet the threshold of insupportable.
Building Your Case
If you believe your marriage has become insupportable due to cruel treatment:
- Begin documenting events immediately.
- Consult with an experienced family law attorney to explore your options.
- Ensure that your evidence is clear, compelling, and supported by witness testimony or other corroboration.
Fault-based divorces can influence property division, spousal support, and other critical outcomes, so it’s important to prepare thoroughly.
