A court may grant a Texas divorce based on cruel treatment of one spouse toward the other if it “renders further living together insupportable.” “Cruelty” has been defined in Texas case law as an act endangering or threatening “life, limb or health. . .including. . .any infliction of mental pain or anguish.” Daughtry v. Daughtry. A father recently challenged the decree granting a divorce on the ground of cruelty.
According to the appeals court, the parties married in Cameroon and moved to the U.S. The mother and older child moved to Washington, D.C. while the mother was pregnant with the younger child.
The father petitioned for divorce in December 2022. The mother argued D.C. should have jurisdiction as the children’s home state. The district court found Texas was the older child’s home state, but left the question of jurisdiction over the younger child to a D.C. court. The D.C. Court determined it had jurisdiction and awarded sole custody of the younger child to the mother.