Adultery is the most commonly pled ground for a fault-based divorce. While it may be common to include adultery in your pleadings, it is rare that a court will actually grant a divorce on the basis of adultery. This is because Texas is a “no-fault” divorce state. Even when the adulterous spouse admits to an affair in court, many judges are reluctant the grant a divorce based on adultery, especially when children are involved.
So why would one claim adultery in a divorce proceeding? While adultery may not be the grounds for why a divorce is granted, it can have an impact on the division of your property and on custody decisions. Engaging in a relationship after separating from your spouse can even be considered adultery if it takes place prior to your divorce being finalized.
The primary impact of adultery in a divorce proceeding is found on the division of property. There is no requirement that your property be divided evenly, and Texas judges have broad discretion in determining what they believe to be a “just and right” division of your estate.
The effective presentation of an adultery claim can result in the non-adulterous spouse receiving a disproportionate division of the community estate. If the adulterous spouse made expenditures during the affair, such as vacations, hotel rooms, or extravagant gifts, then this can give rise to a waste of assets claim.
Regardless of which side you find yourself on for the adultery claims, it is important to have an experienced divorce lawyer representing your property interests.
Claims of adultery can also impact child custody decisions. If the adulterous spouse introduces your children to their paramour or sneaks this person in the home while the children are present, it can have detrimental consequences on custody decisions.
It is also common that while divorce proceedings are pending that the court will order injunctions to keep the children away from the adulterous relationship, such as by not allowing your spouse to have anyone they are in a romantic relationship with stay the night while the children are present.
Are you in an adulterous relationship? If you are, and you want to file for divorce, your best option is to hire an experienced adultery lawyer near you.
Proving a claim for adultery can be difficult as speculation and innuendos are generally insufficient. The Southlake adultery lawyers at Mims Ballew Hollingsworth have extensive experience in conducting discovery and working with investigators to effectively present adultery claims.
Contact us today to schedule a consultation with one of our experienced Southlake adultery lawyer.
I highly recommend this law firm. I have had Brian and Kelly both represent me in now three seperate cases. They are men of integrity that are very prompt to answer questions and get back to you on important matters. They have always been well organized and stayed on top of the important information relevant to my cases. ...
Timothy Alexander did an exceptional job handling my divorce case. He was extremely prepared, very informative, and he made sure I was always kept in the loop. His professionalism, guidance and empathy tremendously helped during what could have been a much more difficult time. I was so pleased with the final outcome and ...
Highly recommend this law firm. Andrew McAlester goes above and beyond for his clients. He’s very resourceful and prompt in communication. I always refer Mr. McAlester to my family and friends in their time of need because I trust his judgement and I know he has his clients well being at the forefront of everything.
Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.
I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!
Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.
Kelly & Brian helped us in our child custody case and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawyer ...
Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...
Kelly & Brian were amazing attorneys. I came to them when I really needed help with child custody issues, and they were committed to reaching the best possible outcome. I am writing this to express my most sincere thanks, and gratitude for their professionalism. They stuck by me through the last year in dealing with ...
Things happen and you need someone to tell it to you straight. Andrew McAlester is someone I trust to help me navigate through these difficult times.
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