Fort Worth Adultery Lawyer

While the majority of divorces in Texas are no-fault divorces, Texas has not eliminated fault-based divorces the way some states have, and perhaps the most common type of fault-based divorce in the state is adultery. Even if your divorce is no fault, however, adultery can play a role in your case’s outcome and in your future.

 

The fact of adultery can significantly affect your divorce, and if you are facing a divorce involving adultery, you need the professional legal guidance of an experienced Fort Worth adultery lawyer on your side. We can help you navigate the legal process in an objective manner to seek the best outcome possible.

Is It Adultery?

In order for the act in question to be considered adultery, your spouse must have had voluntary sexual intercourse with someone other than you, and you’ll need to be able to prove this to the court. Sometimes, proving a spouse’s adultery can be especially challenging. Whatever the situation, however, the first hurdle is generally proving that your spouse committed adultery. Consider the following important points that apply:

 

  • Your spouse’s adultery can be established by direct or circumstantial evidence, which means you don’t need to have direct photographic evidence, and your spouse does not have to confess to their adultery in order to prove the matter. What is called clear and positive proof, however, is necessary.
  • Suggestions and innuendo do not suffice when it comes to proving adultery to Texas courts.
  • If your spouse’s adultery occurred while the two of you were separated, it still qualifies as adultery.

 

Examples of the kind of evidence that can help you establish the fact of your spouse’s adultery include the following:

 

  • Photos of your spouse in compromising positions with someone else, such as while they are in a romantic embrace or are kissing one another
  • Texts or electronic messages between your spouse and someone else
  • Exchanges between your spouse and someone else on social media
  • Exchanges between your spouse and someone else on a dating app or platform
  • Eyewitness accounts
  • Bank or credit card statements

Adultery Is Not Illegal in Texas

Adultery is not illegal in Texas, but it can directly affect the outcome of your divorce. If you are seeking a divorce based on the fault factor of adultery, it can conceivably affect the division of your marital assets and alimony. Even if your divorce is not fault-based, however, your spouse’s adultery – if you’re able to prove it – can affect the division of your marital property and alimony if the judge, in their considerable discretion, determines it is appropriate.

 

In other words, your spouse’s infidelity could play a significant role in the outcome of your divorce – whether it’s fault-based or not. Further, Texas courts commonly address the matter of wasting assets in relation to the division of marital assets, and this can include spending lavishly on a paramour.

Dividing Your Marital Assets Equitably

In Texas, marital assets refer to that property and those assets that you come to acquire over the course of your marriage – with no regard for who made the purchase or whose name is attached. In the event of divorce, these marital assets must be divided in a manner that the court finds just and right. As such, they are not necessarily divided equally. In a fault-based divorce, the fact of adultery can sway the court’s determination regarding the division of marital property in favor of the wronged spouse.

Spousal Maintenance

In Texas, alimony is called spousal maintenance, and it only applies in specific instances when divorce leaves one spouse without the financial ability to continue supporting themself at the level achieved during the marriage. A wide range of factors goes into alimony determinations, including:

 

  • The length of the marriage
  • Each spouse’s age and overall physical and mental health
  • Each spouse’s income and overall earning potential
  • The contributions each spouse made to the marriage, including in the form of housekeeping and childcare
  • Each spouse’s separate assets
  • Whether either spouse artificially spent down marital assets, including for the purposes of an affair

 

Depending upon the circumstances, the fact of your spouse’s adultery could directly affect your alimony award.

The Matter of Child Custody

Texas courts always base child custody orders on the best interests of the children involved. While your spouse’s adultery could have negatively affected you and your finances, it is unlikely to render them a less effective parent. Ultimately, Texas courts find that children are nearly universally better off when they’re allowed to deepen their relationships with both parents by maximizing the time they spend with each. Adultery generally does not affect the court’s stance on this matter, and as such, your spouse’s infidelity is unlikely to affect your child custody orders.

 

The only exceptions include instances when the adultery is determined to go against the children’s best interest. Consider the following:

 

  • If your ex is living with their paramour and he or she is highly unsuitable in terms of the children’s well-being, the court may limit your ex’s parenting time in response.
  • If the court determines that your spouse’s adultery harmed the children in some way, it can affect child custody. For example, if they left your young children alone to be with the other person.
  • If the court believes your ex puts the adulterous relationship above their relationship with the kids or above the best interests of the children, it will take the matter into consideration when determining child custody.

 

Turn to an Experienced Fort Worth Adultery Lawyer for the Help You Need

The trusted Fort Worth adultery lawyers at MBH Fort Worth | Family Law understand how much more difficult the fact of adultery makes the already highly challenging matter of divorce, and we are committed to implementing our imposing experience and legal insight in focused pursuit of your case’s most advantageous outcome. Our imposing legal team cares about you and your case, and we’re standing by to help. To learn more about what we can do for you, please do not put off reaching out and contacting us today.

Contact Us Today!

Put Our Team On Your Side

or call us at

817-900-8330

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization..

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