Well, Texas is a “no fault state” which means that a person can plead for divorce without alleging that either spouse is somehow responsible for demise of the marriage. One may allege adultery as a ground for filing divorce; however adultery is not a crime in the state of Texas. If you’re hoping your cheating spouse will face criminal repercussions for their actions, it’s not going to happen in Texas. So why would a person plead adultery as a ground for a Houston divorce? There are several main: (1) in order to receive a disproportionate share of the community estate or (2) for reasons related to child custody and conservatorship issues (3) fraud on the community, (4) wasting of community assets (5) You may be able to beat spousal support if your spouses is seeking support but cheated.
The Texas Family Code mandates that a court must divide a marital estate in a “just and right” manner. Fault in the breakup of the marriage and the financial benefits a spouse would have received from the continuation of the marriage are factors a court may consider in dividing an estate in a just and right manner. The existence of adultery alone may not result in a disproportionate award of the marital estate to the innocent spouse, but depending on your judge, could be a windfall to the faithful spouse. The innocent spouse is required to prove to the Court that the adultery was the cause of the breakup and either that because of the breakup the innocent spouse was deprived of future financial benefits or that the adulterous affair resulted in a waste of community assets through gifts made to the cheating spouse’s significant other.
If custody of the children is at issue during a divorce, a Court may consider allegations of adultery when making a decision regarding the children. Courts do not take kindly to parents who bring extramarital affair partners into the lives of the children or who engage in adultery in front of the children. At the same time, if you have a new lover, who has also become a financial partner and is good with the children, then you may not suffer any penalty. if your spouse has failed to support you and never visits the children, then your new significant other could be a positive elements in your life and that of your children. While many professionals believe that children are vulnerable during a divorce and the commission of adultery in front of the children speaks volumes as to a parent’s character, still what about the other parent’s character? You were lonely with your children and the spouse you are divorcing, who is to say that by finding someone new, you have damaged the relationship between your children and the other parent. You found someone new because your current spouse was not performing their marital obligations and commitments in regards to financial support, time, and your physical relationship. When a Court is scrutinizing a person’s capability to be a good parent; proof of adultery can be detrimental to a parent in regards to child custody and conservatorship, but if you hire an attorney who can help you get your story out, you should be alright. Just do not post any pictures or video of you and your new lover on social media or any public spaces. If you are the faithful spouse, then you must find and save this information before it is destroyed by the cheater.
About the Author
Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer, who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases. He is familiar with the policy and procedures of the Harris County Texas Divorce Courts. Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Please call with your family law, divorce, & Houston Divorce Lawyer questions in Harris County Texas.
Michael Busby Jr.
6100 Corporate Dr Ste 190
Houston, Texas 77036
Visit me on the web at www.busby-lee.com
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