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Phillips v. Phillips

75 S.W.3d 564 (2002)

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Phillips v. Phillips

Texas Court of Appeals
75 S.W.3d 564 (2002)

Facts

Texas divorce law allowed spouses to allege insupportability as grounds for a no-fault divorce. An allegation of insupportability, known in other jurisdictions as irreconcilable differences, amounted to an allegation that the defendant spouse was not at fault. Nancy Phillips (plaintiff) filed a petition for divorce from James Phillips (defendant), alleging insupportability. However, Nancy’s petition also alleged that James was at fault for causing the marriage to end, and as a result, Nancy petitioned the court for a disproportionate share of the community property. The matter went to trial, and Nancy presented negligible evidence that James committed adultery, one of the fault grounds for divorce in Texas. The trial court found that James was at fault but did not specify which fault James was guilty of committing. The trial court then awarded a disproportionate share of the community property to Nancy. James and Nancy agreed that the division was disproportionate, but Nancy alleged that she was awarded 60 percent, while James alleged that Nancy was awarded 76.5 percent. James appealed, arguing that the trial court abused its discretion in finding that he was at fault in the divorce and awarding Nancy a disproportionate share of the community property as a result.

Rule of Law

Issue

Holding and Reasoning (Walker, C.J.)

Concurrence (Gaultney, J.)

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