Articles Posted in Fault

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Sometimes, people served with divorce papers do not respond.  They may be unsure what to do or they may not want to face the realities of divorce.  Failing to respond will not prevent the divorce, however. If a respondent fails to file an answer to a Texas divorce petition, the court may still grant the divorce through a default judgment.  Although the petitioner must submit evidence supporting their material allegations and the property division must still be just and right, the divorce may be granted on terms that are unfavorable to the respondent.

A husband recently appealed a default judgment that granted a divorce on the ground of adultery. The parties married in 2008 and had two children together. They entered into a post-marital agreement in 2018.  Under that agreement, if the wife filed for divorce because of the husband’s adultery, she would get conservatorship of the children without a geographical restriction, spousal maintenance, and certain property in which the husband held a separate property interest. The wife petitioned for divorce the next year and alleged adultery.  The husband did not file an answer.

Default Judgment is Entered

The wife submitted an affidavit to prove up the divorce that incorporated the post-marital agreement by reference.  She asked the court to approve the post-marital agreement as the agreement of the parties. The trial court granted the divorce on the ground of adultery. The husband appealed.

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iStock-483613578A trial court that has divided property in a Texas divorce must provide written findings of fact and conclusions of law, including how it characterized and valued the assets and liabilities, if a party properly requests them. In a recent case, a husband challenged the court’s refusal to specify the valuation it used for the parties’ assets when there was no request for findings of fact and conclusions of law.

Wife Seeks Fault-Based Divorce

When the wife filed for divorce, she asked for a disproportionate share of the community estate.  She claimed the husband was at fault in the break-up of the marriage.

The wife submitted a spreadsheet of the assets she requested showing both her and the husband’s valuation of each.  She valued the assets she requested at $2,084,714, and the husband valued them at $2,585,450. She also presented a spreadsheet of the assets she proposed be awarded to the husband, with her valuation totaling $2,662,329 and the husband’s totaling $2,612,102.

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iStock-848796670The 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.

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Evidence is important in any case, including a Texas child-custody dispute.  In a recent case, a father challenged a trial court’s divorce decree based on the exclusion of certain evidence at trial.iStock-818445486

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Fault in Divorce

iStock-1163040189Divorces 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.

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