Divorce, an emotionally draining and complex process, brings not just emotional but also legal challenges. Navigating through this tumultuous period requires a deep understanding of the legal landscape, especially the potential evidence that can significantly impact the outcome.
Turner-Monahan PLLC, with a legacy since 1973, stands at the forefront of providing experienced representation in family law matters, embodying integrity, dedication, and a commitment to safeguarding your rights.
The following article delves into the critical aspects of what can be legally used against you in a divorce, with a particular focus on the Texas Family Code, ensuring you’re equipped with the knowledge to navigate these challenging times.For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Financial Misconduct
One of the most contentious areas in a divorce is financial matters. Under the Texas Family Code, financial misconduct can heavily influence the division of marital assets and debts. Actions such as hiding assets, excessive spending, or incurring unnecessary debt right before filing for divorce can be used against you.
Texas courts follow a “just and right” division of community property, and financial misconduct can sway the court’s decision unfavorably against the party guilty of such actions (Texas Family Code, Sec. 7.001).
Adultery and Infidelity
Adultery, defined as voluntary sexual intercourse of a married person with someone not the spouse, can significantly impact divorce proceedings in Texas. Although Texas is a no-fault divorce state, adultery can still affect the division of property and alimony awards (Texas Family Code, Sec. 8.001–8.055). If proven, the court may award a larger portion of the marital estate to the innocent spouse and may consider adultery when determining spousal maintenance.
Parental Behavior and Child Custody
When it comes to child custody, or “conservatorship” as referred to in Texas, the court’s primary concern is the best interest of the child. Factors that can negatively affect your custody rights include substance abuse, domestic violence, neglect, or any behavior that can be deemed as not in the best interest of the child. Evidence of such behavior can be used against you in court to limit or condition your custody or visitation rights (Texas Family Code, Sec. 153.004).
Social Media Missteps
Your online activity can also be used against you in a divorce proceeding. Posts, pictures, messages, and even location check-ins can be scrutinized and potentially interpreted as evidence of infidelity, financial misconduct, or behavior that may impact child custody decisions. It’s crucial to be mindful of your social media presence during a divorce.
Substance Abuse
Substance abuse is a serious concern in custody battles and divorce cases. Under the Texas Family Code, evidence of a pattern of substance abuse can affect custody arrangements and might lead to supervised visitation rights to ensure the safety and welfare of the children. In extreme cases, it can even lead to termination of parental rights (Texas Family Code, Chapter 153).
Contact Attorneys at Turner Monahan, PLLC
Turner-Monahan PLLC, with decades of experience in family law, stands ready to guide you through this challenging time. Our approach is tailored to understand your unique situation and to devise a strategy that aligns with your goals, all while adhering to the complexities of the Texas Family Code.
Whether you’re facing divorce, custody, or spousal support issues, we’re here to help. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
