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.
Adultery in Texas: Does Cheating Affect Alimony?
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.
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Texas courts award alimony to the spouse who earned less money during the marriage or who is unable to support themselves after the divorce. 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. Texas courts recognize adultery as being committed even if the spouses were living apart during a separation period.
Property division is also taken into account by the court when adultery is a factor in a divorce. The unfaithful party can receive a smaller share of the divided property and finances. The court also considers any money spent on an affair when determining property division.
However, adultery is not a factor that prevents the cheating spouse from receiving child custody or visitation rights. If you reside in Texas and your marriage has been impacted by adultery, contact Janice Eggleston at the Eggleston Law Firm.
When is, Cheating Considered Adultery in a Texas Divorce?
If you are considering a divorce, Janice Eggleston can give you much-needed legal advice and help you to proceed. All Rights Reserved.
What is the Law on Adultery in Texas? Divorce is extremely difficult, and adultery can make it even more painful.
How Does Adultery Factor Into Your Texas Divorce?
If your divorcing spouse committed adultery, it could affect the outcome of your case. Pritchard in Central Texas have the experience, skill, and compassion to help you.
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For more information, please call us at Contact the Law Office of Brett H. Pritchard online or call for a free consultation. We've helped thousands.
Considering Divorce Due to Adultery?
Military discounts are available. Call today. By Brett H. Adultery and its Consequences Texas is a no-fault divorce state, which basically means that neither of you needs to prove that your partner engaged in any wrongdoing in order to obtain a divorce. What is Considered Adultery in Texas? What if We Were Separated? Proving Adultery When it comes to your spouse's adultery, you must be able to provide either direct evidence or circumstantial evidence that is clear and convincing which is more robust than the "preponderance of the evidence" that usually holds in civil cases.
Consult with an Experienced Central Texas Divorce Lawyer Today Divorce is extremely difficult, and adultery can make it even more painful.