Twyman v. Twyman
855 S.W.2d 619 (Tex. 1993)
Quick Take
Twyman v. Twyman is a significant case in Family Law law, with 523 citations. It's regularly referenced in legal arguments and court opinions. Its citation status is "good law," meaning courts continue to follow and affirm this ruling — it remains authoritative.
How to Use This Case
When to cite:
This case has good-law status and is regularly cited in Family Law arguments. It's appropriate to cite when you need authority on Interspousal tort immunity abolition or Intentional infliction of emotional distress.
Key arguments it supports:
- Interspousal immunity does not bar a claim for intentional infliction of emotional distress in a divorce action
- A spouse may recover tort damages for extreme and outrageous conduct by the other spouse
- Tort claims between spouses may be tried alongside the divorce or severed into separate proceedings
Court level & jurisdiction:
As a Supreme Court of Texas decision, this ruling is binding on all lower courts within its jurisdiction and highly persuasive nationwide. With 523 citations, courts clearly find it authoritative.
Summary
The Texas Supreme Court held that a spouse may recover tort damages for intentional infliction of emotional distress within the context of a divorce proceeding. This landmark decision recognized that interspousal tort immunity does not bar claims for extreme and outrageous conduct between spouses, even when those claims arise in the marital context.
The Court established that battered spouses and victims of severe emotional abuse have a remedy in tort law independent of the property division in divorce, allowing for actual and punitive damages.
Key Holdings
- 1Interspousal immunity does not bar a claim for intentional infliction of emotional distress in a divorce action
- 2A spouse may recover tort damages for extreme and outrageous conduct by the other spouse
- 3Tort claims between spouses may be tried alongside the divorce or severed into separate proceedings
Why This Case Matters
Landmark abolition of interspousal tort immunity for emotional distress claims in Texas, opening the door for domestic abuse victims to seek tort damages in divorce proceedings.
Facts
Wife alleged husband engaged in extreme and outrageous conduct during the marriage including severe emotional abuse. She brought a claim for intentional infliction of emotional distress alongside her divorce petition. The issue was whether such a tort claim could be maintained between spouses.
Legal Principles
Statutes Interpreted
- Tex. Fam. Code § 7.001
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