Texas, a “no-fault divorce state”, eliminates the need for grounds for divorce in cases of adultery. In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, elaborates on the question of whether adultery can affect divorce proceedings.
All case evaluations at Turner Monahan PLLC and suggestions that the attorneys make are in the light of Texas Family Law. This content is for educational purposes only.
Can Adultery Affect A Divorce Case?
Adultery might affect your case; however, it will depend upon the totality of the circumstances. It is important to clarify that adultery rarely affects the parent-child relationship unless the other parent is endangering the child. In addition, child custody or visitation can be affected if the court believes that whatever the parent did in the act of adultery was not in the children’s best interest.
Apart from the above, it is used as a tool to request a “disproportionate share of the marital estate”. All parties must understand that the other person just because they’ve committed adultery doesn’t mean you’re going to get 100% of the estate or even 60% of the estate.
It is primarily up to the courts to determine the offset for the adultery that was committed. For example, there can be cases where, upon the court’s order, one party might get 55%, and the other party gets 45%. To determine where it ends up in regard to the division of property in an adultery case, the totality of the circumstances must be considered.
Adultery Under The Texas Family Code
Texas is a no-fault divorce state, which means that either spouse can get a divorce without proving that the other spouse did something wrong. Thus, the rule regarding adultery from Chapter 6 of the Texas Family Code states that:
Sec. 6.003. ADULTERY. The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
Property division is a fairly complex part of the divorce process, especially when supporting arguments are thrown into the mix, such as adultery. Because Texas is one of nine states with a no-fault divorce law and a community property jurisdiction, you will need an experienced attorney to guide you through the process.
Hire An Experienced Texas Family Attorney
When it comes to filing for divorce, having a lawyer can be incredibly important. This is especially true if there are spousal problems present, such as adultery. Because of the complex nature of divorce law, having an experienced professional can make all the difference.
A lawyer can help you understand your rights and obligations under the law and guide you through the process. They can also help you negotiate a fair settlement with your spouse or represent you in court if necessary. So, If you are facing a difficult divorce, scheduling a free, no-obligation consultation with attorney Tyler Monahan to discuss the details is definitely worth your time.
Check our website for more information about our services. Plus, don’t forget to go through our blog to learn more about your case. There is tons of information on divorce and answers to unique questions like “Does A Spouse Have A Right To Property That The Other Spouse Inherited Before The Divorce?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- How to Prepare for Your Divorce: Tips from An Attorney.
- What to Do if Your Spouse Didn’t Serve You the Divorce Papers?
- What Is The Difference Between Prenuptial And Postnuptial Agreements?
- What Can I Do To Protect My Credit And Finances? My Ex Won’t Pay The Joint Card Payments?
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.
