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Infidelity in a Texas divorce

On Behalf of | Mar 18, 2024 | Family Law

The end of a marriage is never easy. When undergoing a divorce process, many factors come into question It’s also crucial to grasp the significance of infidelity in Texas divorce proceedings.

Understanding infidelity in divorce cases

Adultery or infidelity is a delicate matter that can have a significant impact on your life. This is because it is commonly invoked as grounds in at-fault divorces. Yet, it’s not easy to leverage it as a factor or cause of a divorce. The affected party must have strong evidence to prove their spouse was unfaithful. A suitable advisor ensures the consideration of all legal alternatives.

Property division

Texas follows community property rules in divorce property division. This rule states that the assets acquired during the marriage are joint properties. Hence, it should be equally shared among both parties. When adultery enters the picture, the dynamics change. Proving your spouse used joint assets for adultery may increase your share.

Spousal support

To receive spousal support, you must meet the complex criteria set out by the Texas Family Code. The criteria lie in your ability to earn enough income to meet your least reasonable needs. But, if there’s a mention of infidelity, the judge could adjust the spousal support margin. For instance, your spouse may have overspent community property on an extramarital affair. Hence, the court might increase the amount and duration of spousal support awarded.

Child custody

One of the critical issues affected by adultery in any divorce case is child custody. If your spouse’s actions harm the children in any way, the court may favor you.

Emotional and psychological readiness is crucial in any adultery-centered divorce case. Extramarital affairs can affect many aspects of your life if you’re not ready to face the truth. Hence, no matter the outcome, always remember you are responsible for your well-being.