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.
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:
Examples of the kind of evidence that can help you establish the fact of your spouse’s adultery include the following:
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.
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.
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:
Depending upon the circumstances, the fact of your spouse’s adultery could directly affect your alimony award.
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:
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.