Grounds for Divorce Part 2 – Love Me Cruel

In Part 1 we talked about Irreconcilable Differences. Today we talk about Cruelty.  The most important information we want to share is that help is available: There is a National Hotline for Domestic Violence. If you or someone you know is experiencing domestic violence, please call: 800-799-7233.

Cruelty as grounds for divorce refers to the legal concept that a spouse can file for divorce due to the other spouse’s behavior that causes mental or physical suffering. This type of behavior is typically considered to be a form of domestic violence or abuse, and can include physical violence, emotional abuse, and threats of violence. In some jurisdictions, a single act of cruelty may be enough to support a divorce, while in others, a pattern of behavior is required. The specific laws and definitions of cruelty as grounds for divorce vary by jurisdiction.

Texas Statute states “The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.” According to the Texas Family Code, a person can file for divorce on the grounds of cruelty if the other spouse has engaged in behavior that renders living together insupportable. The term “insupportable” is not defined in the code, but it is generally understood to mean that the conduct of the other spouse is such that it makes it unbearable for the person filing for divorce to continue living with that person. The Texas law does not specify a requirement for a pattern of behavior and a single act of cruel treatment can be the basis for a divorce.  Only you can make the decision to leave an abusive situation.  But please know that leaving is generally the right thing to do.  No one should experience abuse either physical or mental.

JOHN AND MORGAN is a versatile law firm that handles Family Law cases such as Divorce, Child Support, and Child Custody. We do Wills and Estate Planning. We also do Intellectual Property work such as Patents and Trademark