Rarely in the State of Texas does adultery play a major role in the granting of a divorce. Most divorce judges recognize that adultery is usually symptomatic of underlying problems in a marriage and not a sole cause for divorce. Particularly objectionable-seeming cases of adultery (i.e. cheating with a spouse’s family member, or the children’s babysitter) may prove exceptions to this general rule.
Influencing the Judge
While adultery is not often a major factor in the granting of a divorce in Texas it can play a significant role in the distribution of a divorcing couple’s community property. The State of Texas recognizes a distinction between property owned before marriage and any property obtained during the marriage. Property acquired during the marriage is defined by Texas State law as “Community property.” Divorce Judges in Texas have a great deal of latitude when it comes to the division of such property. Infidelity on the part of one spouse may very well influence the judge’s final decision concerning community property.
A More Favorable Settlement
Another way that adultery may prove significant in a divorce case is in its potential as regards the leveraging of a more favorable settlement. If an unfaithful spouse is reluctant to have his or her indiscretions made the stuff of public record it may likely prove easier to negotiate a larger share of the community property for the aggrieved spouse.
It is important to remember if you are separated and/or filing for divorce that the State of Texas defines adultery as sex with someone other than your spouse. By Texas law, a person is married until the day a judge signs his or her divorce decree. Even if you’ve been separated for years before you have sex with someone other than your spouse it is considered adultery under Texas Law.
While flirting and innuendo don’t constitute adultery by Texas law a finding of adultery may be handed down based on circumstantial evidence. In order to file for a divorce based on the grounds of adultery (as opposed to a no-fault divorce), you must be able to furnish evidence that your spouse cheated.
Be aware though, that even should you succeed in convincing the judge that your spouse cheated, still the court is under no obligation to rule based on fault.
Retain the Services of a Texas Divorce Attorney
Divorce can often be a stressful and painful experience. Retaining the services of an experienced and respected Texas Divorce Attorney can help you to learn about your legal options. The Law Offices of David S. Kohm have helped countless people navigate the emotionally difficult process of getting divorced.
The Law Offices of David S. Kohm stand ready to serve you in your time of need. Be assured that as a client, your privacy is our priority. We pride ourselves on handling your legal business with the utmost discretion and with the highest level of professionalism.
As a client of the Law Offices of David S. Kohm, you can rest easy knowing that your case is being handled by attorneys with years of experience in Texas divorce law. We’ll strive to bring closure to your legal divorce issues as quickly as possible so that you can get on with your life.
If you find yourself in need of a Texas divorce attorney, or family law attorney, call the Law Offices of David S. Kohm anytime day or night for a free initial consultation. Our dedicated attorneys and staff will handle your legal issues with skill and the utmost discretion from day one until the day your case is resolved.
Call our law offices today at any of our convenient locations and get a free consultation.
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