How To Prove A Texas Divorce – Fault – Cruelty Claim
In Texas, a claim of Divorce – Fault – Cruelty is defined as:
Cruelty is defined as one spouse willfully and consistently causing pain or suffering to the other spouse. The treatment must be of a nature that makes living together insupportable.
It simply means:
A divorce may be granted in favor of one spouse if the other spouse is guilty of cruel treatment.
There are 4 elements of the claim:
- Element 1. A spouse is guilty of cruel treatment towards the other. A spouse is considered guilty of cruel treatment if they consistently engage in harmful behavior, such as emotional abuse or physical harm, that makes it unbearable for the other spouse to continue living together, which can be a reason for seeking a divorce.
Facts that might support this element look like:
* The spouse frequently belittled the other in front of family and friends, causing significant emotional distress.
* The spouse engaged in physical intimidation, such as throwing objects during arguments, creating a fearful environment.
* The spouse consistently ignored the other’s needs and feelings, leading to feelings of isolation and despair.
* The spouse made derogatory comments about the other’s appearance and abilities, undermining their self-esteem.
* The spouse threatened to withhold financial support, creating a sense of insecurity and fear in the relationship. - Element 2. The cruelty was of a nature that rendered further living together insupportable. In a divorce case, “cruelty” refers to behavior that is so harmful or abusive that it makes it impossible for the couple to continue living together peacefully.
Facts that might support this element look like:
* The spouse frequently belittled and insulted the other in front of family and friends, causing significant emotional distress.
* The spouse engaged in a pattern of controlling behavior, including monitoring phone calls and restricting social interactions, leading to feelings of isolation.
* The spouse exhibited aggressive behavior, including throwing objects and making threats, creating an unsafe living environment.
* The spouse repeatedly refused to participate in family activities, fostering a sense of abandonment and emotional neglect.
* The spouse’s substance abuse led to unpredictable and volatile behavior, making daily life unbearable for the other partner. - Element 3. At the time the suit is filed, either the petitioner or the respondent has been a domiciliary of Texas for the preceding six-month period. To file for a divorce in Texas based on cruelty, one spouse must have lived in Texas for at least six months before the divorce is filed, ensuring that the court has the right to handle the case.
Facts that might support this element look like:
* The petitioner has lived in Texas continuously for the past eight months, establishing residency in the state.
* The respondent has maintained a permanent address in Texas for over a year, demonstrating their intent to remain in the state.
* Both parties have registered to vote in Texas, indicating their commitment to residing in the state.
* The couple has owned property in Texas for the last two years, further solidifying their domicile in the state.
* The petitioner has been employed in Texas for the last seven months, contributing to their status as a domiciliary. - Element 4. At the time the suit is filed, either the petitioner or the respondent has been a resident of the county in which the suit is filed for the preceding 90-day period. When someone files for divorce based on cruelty, at least one person involved must have lived in the county where the case is filed for at least the last 90 days.
Facts that might support this element look like:
* The petitioner has lived in the county for over 90 days prior to filing the divorce suit.
* The respondent has maintained a residence in the county for the last three months.
* Both parties have established their primary residence in the county for the required 90-day period.
* The petitioner can provide utility bills showing residency in the county for the past 90 days.
* The respondent has registered to vote in the county, confirming residency for the preceding 90 days.
(See Texas Family Code Section 6.002. Texas Family Code Section 6.301.)
If you’re in court without a lawyer and plan to assert a claim of Divorce – Fault – Cruelty, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your divorce effectively.
Prove Your TX Divorce – Fault – Cruelty Claim
U.S. Civil Cases Only