Adultery occurs when a person has an ongoing affair or cheats on their spouse on a short-term basis.
In the state of Texas, there are certain laws pertaining to adultery. Generally speaking, infidelity in a marriage that is leading to divorce can result in the court determining how property is divided and on the amount of alimony one spouse receives from the other. Texas is a state that allows for no-fault divorces, but a person can file for a fault divorce if they have substantial proof that their spouse committed adultery during the marriage.
According to Texas law, adultery occurs when a married person engages in voluntary sexual intercourse with a person who is not their spouse. A person who chooses to file for divorce based on adultery is required to show the court proof of an affair or cheating. There is no necessity to prove that sexual intercourse actually took place, but there must be evidence of an affair, such as text messages between your spouse and another person. Other proof, such as emails, photos, videos, phone records, bank or credit card statements are also accepted by the court. Texas courts award alimony to the spouse who earned less money during the marriage or who is unable to support themselves after the divorce.
What is the Law on Adultery in Texas?
The court awards alimony when at least one of the following situations is in place:. In Texas , the court will consider adultery of both parties when alimony is requested and determines which one will pay. It may be possible for the spouse who was cheated on to receive alimony if the adultery is the reason the marriage ended. You may decide it makes sense to hire a private investigator, or a forensic accountant who can help trace the misuse of funds.
It is important to ask oneself whether it is worth it and has value to allege and prove adultery or simply proceed with the divorce on a no-fault basis. Note that once adultery is alleged, it may be received as a declaration of war. If a less contentious divorce may yield better results, it should always be at least considered.
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Considering divorce? Get started today with an initial consultation by calling What happens when cheating and adultery lead to divorce in Texas? Custody , Divorce , General Law. July 27, Grounds for Divorce in Texas Texas is among many states with no-fault divorce grounds.
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- Does Adultery Affect Alimony in Texas??
- Impact on Property Distribution.
- Property Division?
- Is Adultery Illegal in Texas?;
Discovering and Proving the Affair In Texas, adultery requires sexual intercourse and anything less is not legally considered adultery for purposes of proving the fault-based ground for divorce. Impact of Adultery on Property and Custody If adultery is proven by clear and convincing evidence, the court may award a greater share in the division of community property or identify certain property as separate and not subject to division.
Wasting of Community Assets When one spouse spends marital community money on another with whom they are carrying on an affair, the cheated spouse may make a claim to have the community estate effectively recompensed for the wasting of marital money on an affair.
Adultery Can Impact Property Division
Determining Your Strategy with Your Lawyer An experienced divorce attorney will help you determine the best course of action based on the facts and evidence presented. Related Posts. Marriages end and it can be best to move on to the next phase of life. A divorce lawyer can support your wishes to ensure all your requirements are completed according to Texas State Law and the separation is fair and equal.
For the issues that cannot be agreed upon, a divorce lawyer can provide divorce mediation services to create a fair solution for everyone involved while providing a suitable, private, timely, and cost efficient method where both parties can retain control of the outcome. If spouses fail to agree on the terms of divorce, couples will then undergo a contested divorce. This means divorce litigation where your divorce records can become very public. As with an uncontested divorce, there are many issues that must be resolved or agreed upon. Contested divorces can become highly litigated depending on how far apart or embattled the spouses are on the required agreements.
Therefore, they can also become very costly. Having an extensive list of satisfied clients and a considerable experience in contested and uncontested divorce cases, we can help you reach a positive resolution to your divorce process. Alimony is a periodic payment, generally monthly, to support an ex-spouse.
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You may hear different terms throughout your divorce process and here are their definitions:. Spousal support is the most litigious and demanding aspects of a divorce. A major portion of this contention is not knowing how alimony is determined or what is considered fair. Couples who opt for uncontested divorces or divorce mediation reduce this stress by examining and amicably deciding on what is fair.
In a contested divorce, the decision of fairness is left up to a divorce court which refers to Texas Family Law to make a determination. First, Eligibility — to be eligible to receive spousal maintenance, a spouse must prove they. Second, Spousal Maintenance Determination: if a spouse is eligible for spousal maintenance or court-ordered alimony, the divorce court will then consider the amount and duration of maintenance payments based upon all relevant factors, including the following 11 statutory factors of Texas Law:.
A court that determines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including:.
Understanding How Adultery Laws Work in Texas
A court may not order maintenance that requires an obligor to pay monthly more than the lesser of:. Ensuring that all the facts are presented to the divorce court will help to create a full and fair picture for the spousal maintenance amount. Not knowing what is feasible or allowable under Texas Family Law can make a huge difference in the next phase of your life.
Regardless of whether you will be paying or be the recipient of alimony, we can create a strategy that best suits your legal requirements and protects your future financial status. As with most things in life, many things change. To better accommodate divorced couples, modifications of your final divorce decree can be made for a variety of reasons. Modifications to Child Custody, Child Support, Child Visitation, and Spousal Maintenance can be accomplished through the courts if there have been significant changes in your life.
Temporary Orders are created in a divorce case at the Temporary Orders Hearing. Typically, this occurs within 2 weeks after a spouse has filed for divorce in Texas. The purpose of Temporary Orders is to set ground rules for the duration of the divorce process and protect both parties during this emotionally stressful time by prohibiting damaging or destructive actions like:.
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