Cruel Treatment

Court Determines Wife’s Spousal Maintenance Should Be Considered

Published on: May 21, 2025 | by McClure Law Group

Tex. Fam. Code § 6.001 allows a court to “grant divorce without regard to fault” if it finds the marriage has become insupportable without “any reasonable expectation of reconciliation. A court may also grant a divorce in favor of one spouse if it finds cruel treatment or adultery by the other spouse. Tex. Fam. Code §§ 6.002 – 6.003. In a recent case, a former wife appealed the divorce decree granting divorce based on insupportability when she argued she had presented sufficient evidence of her husband’s cruel treatment of her. She also challenged the court’s denial of her request for spousal maintenance.

According to the appeals court’s opinion, the parties got married in March 2019 and separated about a year later. The wife accused the husband of choking her and he was arrested. An emergency order of protection prohibited him from going within 200 yards of the parties’ home. A district court ultimately entered a final protective order and found the husband had “committed family violence.” Due to that order, the wife had exclusive use of the home and the husband was ordered to pay the expenses for the home in addition to paying the wife monthly support.

The wife petitioned for divorce. She asserted insupportability and cruelty as alternative grounds for the divorce.

Texas Wife Awarded Disproportionate Property Division Due to Cruel Treatment

Published on: October 5, 2022 | by Kelly McClure

iStock-172302804-195x300 A trial court must effect a “just and right” division of property in a Texas divorce. When a party pleads a fault-based divorce, the court may consider the other’s parties conduct and divide the property disproportionately. A husband recently challenged a disproportionate division.

According to the appeals court’s opinion, the husband petitioned for divorce, and the wife alleged cruel treatment. The trial court found cruel treatment led to the breakup and awarded the wife a disproportionate property division and the exclusive right to determine the child’s primary residence.

The husband appealed the disproportionate property division and the custody determination.

Cruelty and Fraud on the Community in a Texas Divorce

Published on: August 4, 2021 | by Francesca Blackard

iStock-848796670 The trial court must divide property in a just and right manner in a Texas divorce. The division must be equitable, and should not be punitive against either spouse. A husband recently challenged a property division, arguing it had been punitive against him.

The wife filed for divorce after the parties had been married for over 30 years. She alleged the husband had engaged in cruel treatment and had committed fraud on the community estate.

Wife’s Trial Testimony Highlighted Abusive Marriage

The wife said the husband often disparaged her appearance, individual worth, and profession in front of others and in private. According to appeals court’s opinion, the husband earned significantly more money than the wife and controlled the couple’s finances. The wife said the husband used his control of the couple’s finances punitively and, for example, would not give her money to go to Poland to visit her family when they were sick and would not pay for a surgery she needed. She also testified that he said her mother had died of a stroke because she was a bad daughter and a bad person. Other witnesses, including the couple’s daughter, corroborated the wife’s allegations of verbal abuse. The husband, however, denied it and claimed they were all liars.

Cruel Treatment During Marriage Results in Disproportionate Division of Property

Published on: December 27, 2020 | by Kelly McClure

Fault in Divorce

iStock-1163040189 Divorces may be granted without fault, but Texas still allows divorce to be granted on fault-based grounds in certain situations. For example, a Texas divorce may be granted in one spouse’s favor if the other committed “cruel treatment” that makes the parties continuing to live together “insupportable.” Tex. Fam. Code Ann. § 6.002. Physical abuse can constitute cruel treatment, but physical abuse is not required for a Texas divorce court to find cruel treatment. When the court finds fault-based grounds for divorce, such as cruel treatment, the court may consider the fault in dividing the property. Specifically, the court can award a disproportionate share of the community estate to the spouse who is not at fault. A husband recently challenged such a disproportionate property division in his divorce.

The wife said the husband stopped paying attention to her after his business partnership went sour. She also said he had called her names and accused her of cheating, in addition to being violent against her around four or five times.

The wife alleged that, during one incident, the husband had closed a door on her arm after he had filed for divorce. She called the police, and the husband agreed to leave. The husband, however, claimed that he had simply closed the door after the wife left the room, but she forced it back open. He claimed the door hit him, then whipped back toward her and hit her elbow. He said he agreed to leave for a few hours after the police arrived, but ultimately decided to leave permanently so their child would not see them argue.