Understanding Torts in Texas Divorces: What You Need to Know

Divorce can be a tough process, but did you know that you might be able to bring certain tort claims alongside your divorce suit in Texas? The Texas Family Code and common law provide a range of tort claims that can address various wrongful acts. Here are some examples of torts that can be brought in a divorce case, along with hypothetical scenarios to help illustrate how they might come into play.
Invasion of Privacy
Imagine Jane discovers that her husband, John, has been secretly recording her private conversations without her consent. This could be considered an invasion of privacy. In Texas, this tort can be brought forward in a divorce case if one spouse's privacy is violated.
Physical Abuse
Let's say Sarah files for divorce because her husband, Mike, has been physically abusive. Physical beatings and abuse are serious issues, and victims can seek justice through a tort claim in their divorce case. This not only addresses the abuse but also helps protect the victim's rights and well-being.
Transmission of a Venereal Disease
Consider a situation where Lisa learns she contracted a sexually transmitted disease from her husband, Tom, who was unfaithful during their marriage. Lisa can bring a tort claim for the transmission of a venereal disease as part of her divorce proceedings.

Fraud on the Community/Waste
Imagine Mark discovers that his wife, Emily, has been secretly spending large sums of their community money on personal luxuries, depleting their joint assets. This is considered fraud on the community or waste. Mark can seek reimbursement for the unjust depletion of their community estate through a tort claim.

Interference with Child Custody
Suppose David's wife, Laura, consistently prevents him from seeing their children, violating their custody arrangement. David can bring a tort claim for interference with child custody or possession, seeking legal recourse to enforce his parental rights.

Conversion of Separate Property
Picture Alex finds out that his spouse, Jordan, has sold his separately owned car without his permission and kept the money. This is conversion of separate property. Alex can bring a tort claim to recover the value of his sold property.

Intentional Infliction of Emotional DistressIf Maria's husband, Sam, engages in extreme and outrageous conduct that causes her severe emotional distress—like threatening her life or publicly humiliating her—Maria can bring a tort claim for intentional infliction of emotional distress.

Remedies for Fraud on the Community
Fraud on the community isn’t an independent tort but is addressed within the Texas Family Code. When one spouse fraudulently depletes the community estate, the court can calculate the amount lost and reconstitute the estate. Remedies may include a disproportionate share of the remaining community property or a money judgment.

Pursuing Separate Tort Claims
When seeking separate tort claims, it’s essential to avoid double recovery. For example, if you bring a tort claim for intentional infliction of emotional distress, you might receive a disproportionate share of the community estate or a monetary award, but not both for the same wrongful act. Additionally, egregious behavior might warrant punitive damages, so consider this when deciding on the type of claim to pursue.

The Impact of Res Judicata
Res judicata means you can’t relitigate claims that were or should have been raised in the initial lawsuit. If you allege cruel treatment to seek a larger share of the estate, make sure to include all related tort claims. Failure to do so may prevent you from bringing those claims later.

Navigating the intersection of torts and divorce can be complex. Whether it's invasion of privacy, physical abuse, fraud on the community, or other wrongful acts, understanding your rights and potential claims is crucial. Always consult with a knowledgeable attorney to explore your options and ensure you receive the justice you deserve.

---