Is Adultery a Reason for Divorce?
Texas is one of the states that allows no-fault divorce. This means that you are allowed to file for a divorce for no reason at all. However, adultery is one of the main reasons that people may file for divorce. Adultery is defined as the act of being unfaithful to one’s spouse. If you are considering divorce because you believe that your spouse has committed adultery it is vital that you contact a Texas divorce attorney immediately.
What You Consider Adultery May Not Be What the Court Considers Adultery
However, it is important to note that what the court considers adultery may not be what you call adultery. For example, many people consider flirting and sending inappropriate text messages to someone to be adultery. The court says that adultery is the act of having intercourse with a person who is not your spouse.
It is important to note that there are several ways that you can prove that the intercourse happened. For example, you can provide the court with emails, text messages and phone records. You do not want to go into court saying that you had a gut feeling that your spouse cheated. Your case will likely be tossed out if you say that. This is why having an experienced divorce attorney representing you and providing you legal advice is important to the success of your case.
How Can Adultery Affect Alimony?
The state of Texas allows people to get alimony if they can prove that a divorce would affect their ability to provide for themselves. In order for a person to get alimony, at least one of the following conditions have to be met.
- The marriage lasted for 10 years, and the spouse will not be able to provide for themselves after the divorce.
- The person who is being asked to pay alimony has committed domestic violence within the past two years.
- The person who wants to get alimony cannot work because they have to care for a disabled child.
- The person who wants to get alimony has a physical or mental disability that stops them from working.
There are also other factors that the judge will take into consideration when deciding whether to award child support.
- The length of the marriage
- Whether domestic violence occurred during the marriage
- The job skills and education skills of both parties
- Both spouses’ ability to meet their own needs.
- Misconduct that occurred during the marriage, which can include adultery
- The contributions that a person made while being a homemaker.
- The health of both spouses
Furthermore, there are several ways that adultery can impact alimony. For example, if the person who is seeking alimony committed adultery, then they may be denied. The judge will also consider whether adultery caused the marriage to end. Keep in mind that if a person had sexual intercourse with another person while separated from their spouse, then this can still be considered adultery.
Other Things That Adultery Can Affect
The Texas court will take adultery into consideration when deciding how the property will be divided up. If a person committed adultery, then they may be awarded a smaller share of the property. The court may also consider the amount of money that was spent on the affair. For example, if a person spent money on gifts, trips and hotels for their affair, they may also be awarded a smaller share of the property.
Adultery will probably not affect child custody and visitation. The parenting abilities of each parent will be used to determine child custody and visitation.
It is important to hire a Texas divorce attorney if you are going through a divorce. An experienced Texas divorce attorney will help ensure that your case goes smoothly and no stone is left unturned. You can reach one of our divorce attorneys at the following offices for a free consultation.
Arlington (817) 522-4451
Dallas (972) 362-6848
Fort Worth (817) 764-1375
Plano (972) 354-4602
Cedar Hill (972) 338-9427
McKinney (469) 522-3688
Lewisville (972) 354-4605
Frisco (972) 725-7681
Grapevine (817) 835-8677
Irving (972) 354-4610
Keller (817) 204-0904
Garland (214) 572-2251
Denton (940) 222-4060
Addison (972) 564-8108
You can also contact us online by using our quick contact form.