In Texas, cruelty is one of the fault-based grounds for divorce under the Texas Family Code. To obtain a divorce on the grounds of cruelty, one spouse must prove that the other engaged in cruel treatment to the extent that continuing the marriage is insupportable. Some key factors that may be considered in proving cruelty in a Texas divorce include:
1. Physical Abuse
- Domestic violence, including hitting, choking, or other forms of physical harm
- Threats of physical harm or intimidation
- Destruction of property as a means of control or intimidation
2. Emotional & Psychological Abuse
- Verbal abuse, including excessive insults, belittling, or humiliation
- Controlling behavior, such as isolating the spouse from family and friends
- Gaslighting or psychological manipulation
3. Financial Abuse
- Controlling all financial decisions without the spouse's input
- Withholding necessary financial resources to create dependence
- Reckless spending or financial irresponsibility leading to hardship
4. Infidelity & Sexual Misconduct
- Repeated or egregious adultery that causes emotional distress
- Forced sexual acts or sexual coercion within the marriage
5. Substance Abuse & Neglect
- Severe alcohol or drug addiction leading to emotional or physical harm
- Neglecting the well-being of the spouse or children due to substance abuse
Impact on Divorce Proceedings
If cruelty is proven, the court may consider it when dividing property, awarding spousal support, or determining child custody. A spouse found to have been cruel may receive a less favorable property division or be denied spousal support.