What Happens if You Are Accused of Cruelty in Your Divorce?

 Posted on August 28, 2025 in Divorce

When a marriage ends on bad terms, spouses may accuse each other of misconduct. It may surprise you to learn that, in Texas, this can have a real impact on your divorce. In particular, if you have been accused of cruelty by your spouse, it would be wise to seek representation from a North Texas family law attorney.

At Moore Family Law, P.C., we have experience handling intense divorce proceedings and litigation between spouses. When you work with our firm, you will receive individualized legal services from an attorney who truly cares about the outcome of your case.

Is Texas a Fault-Based Divorce State?

In Texas, spouses can file for divorce on fault-based or no-fault grounds. In most cases, filing for a no-fault divorce is easier since you do not have to prove that your spouse caused the collapse of your marriage. Some of the recognized grounds for fault-based divorces in Texas include:

• Cruelty: A divorce may be granted if the court finds that one spouse’s cruel treatment has made the marriage "insupportable" (Texas Family Code § 6.002). 

• Abandonment: A divorce may be granted if the court finds that one spouse left the other with the intention to abandon him or her and remained away for at least a year.

• Adultery: A divorce may be granted if the court finds that one spouse cheated on the other.

• Conviction of a Felony: A divorce may be granted if one spouse was convicted of a felony crime and has been incarcerated for one year or more.

When the court grants a divorce in favor of one spouse, he or she could receive preferential treatment in some areas at the judge’s discretion.

Will Accusations of Cruelty Affect Property Division in a Texas Divorce?

The courts in Texas will divide all community property – that is, property shared by the spouses – in a manner that is just and right. A judge will take multiple factors into consideration, like the length of the marriage and the contributions of each spouse to the marriage. If you were found responsible for your divorce due to cruelty, that could also impact the judge’s final decision.

To be clear, you will not be denied of all community property in a divorce based on cruelty. However, it could lead to your spouse getting a larger share of property than he or she would have otherwise.

Will Accusations of Cruelty Affect Child Custody?

In most cases, grounds for divorce and child custody are completely separate issues. When dividing up custody, the courts will prioritize the child's best interests. Disputes between spouses are only relevant if they affect the child's well-being.

That being said, if you were found responsible for cruelty in your marriage, it could come up during discussions about custody. The courts will consider any abuse within the household – physical or verbal – when deciding how to divide up custody. If the court finds that the child’s well-being is at risk, sole custody could be given to one party. 

Contact a North Texas Family Law Attorney

An accusation of cruelty could have serious detrimental effects during your divorce. At Moore Family Law, P.C., our Collin County, TX divorce lawyer can defend you against these allegations and work toward a favorable outcome on your behalf.

Attorney Philip W. Moore is a solo practitioner with over 20 years of legal experience. To schedule a consultation with our firm today, call our offices at 214-764-8033.