Summary: Texas courts don’t always award more property just because of adultery. In Tanner v. Tanner, the Court of Appeals upheld an equal split—despite the husband’s admitted affair. Learn how this impacts divorce cases in Conroe and The Woodlands, Texas.
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In a significant ruling for divorce law in Texas, the Court of Appeals for the Third District recently affirmed a trial court’s decision to grant a divorce based on insupportability—despite a proven claim of adultery—and to divide the couple’s property equally. The case, Tanner v. Tanner, sheds light on the discretion Texas courts hold when determining grounds for divorce and dividing assets, especially in contentious cases involving fault-based allegations.
At Griffin, Cain & Herbig, Attorneys at Law, PLLC, we understand that navigating a divorce in Texas requires not only emotional resilience but also clear guidance on how the law is applied. This case is an excellent example of the legal standards you may face. If you are in or near Conroe or The Woodlands, Texas we are your local option for clear advice and strong advocacy.
The Case Background
Valeria Indira Tanner filed for divorce in Williamson County, alleging that her husband, Derrick Thedell Tanner, committed adultery. She also requested a disproportionate share of the marital estate as a result of his infidelity. Derrick, who admitted to an extramarital relationship and was living with the other woman at the time of trial, filed a counterpetition citing insupportability.
Although both parties presented claims, the trial court granted the divorce on the no-fault ground of insupportability and divided the marital estate equally. Valeria appealed, arguing that the trial court abused its discretion by not granting the divorce based on adultery and by not awarding her a larger share of the property.
The Court’s Ruling
The Texas Court of Appeals upheld the trial court’s ruling, emphasizing that when both fault-based and no-fault grounds are presented, the trial court has the discretion to choose either. Even though Derrick admitted to adultery, the court found there was sufficient evidence to support insupportability: a failed reconciliation, ongoing marital conflict, and mutual acknowledgment that the relationship had broken down.
Importantly, the appellate court also affirmed that Texas law does not require a disproportionate property division simply because one spouse committed adultery. Courts may consider fault when dividing the estate, but it is only one of many factors. In this case, both spouses maintained separate finances, equally split the proceeds from selling their home, and shared bill-paying responsibilities. Therefore, an equal division was not found to be an abuse of discretion.
What This Means for Divorcing Couples in Conroe and The Woodlands, Texas
If you’re considering divorce in Conroe or The Woodlands, Texas, it’s critical to understand that:
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Adultery is not a guaranteed advantage: While emotionally significant, adultery alone will not necessarily entitle you to a larger share of the community property.
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Insupportability is a powerful no-fault ground: Courts frequently grant divorce based on this ground, especially when both spouses agree the relationship cannot be salvaged.
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Discretion lies with the trial court: Appellate courts give deference to the decisions made by trial judges, meaning overturning a decision on appeal is difficult unless a clear abuse of discretion is shown.
Why Legal Counsel Matters
At Griffin, Cain & Herbig, Attorneys at Law, PLLC, we provide experienced, strategic representation for clients facing divorce across Montgomery County and beyond. Whether your divorce involves allegations of misconduct or complex property issues, our team is prepared to help you pursue a fair outcome.
If you’re facing a divorce near Conroe or The Woodlands, Texas, contact us today at (936) 539-1011 to schedule a free confidential consultation. Let us help you move forward with clarity and confidence.
