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The role of adultery in a divorce case

| Feb 23, 2021 | Divorce |

It is a common misconception that infidelity will be among the variables a Texas judge considers when crafting a divorce decree. If you reach a settlement outside of court, it’s unlikely that you’ll be able to force your spouse to give you a family home, car or other joint assets based on his or her irresponsible actions. Instead, most joint assets are equally divided unless a prenuptial agreement states otherwise.

Will you receive alimony as part of a divorce settlement?

Texas law allows an individual to receive alimony in limited situations. For instance, if you’re married to your spouse for at least 10 years, you might be eligible for spousal maintenance payments. A judge may also grant spousal support if you are a victim of domestic violence or are unable to work because of a disability. Otherwise, you are unlikely to receive financial assistance from a former spouse regardless of why the marriage ended.

Your spouse’s actions might impact how assets are divided

As a community property state, Texas law says that you’re entitled to half of joint assets. Let’s say that your spouse uses funds from a marital bank account to fund a vacation with his or her lover. That could be an improper depletion of assets, and that may justify a request to obtain a greater share of whatever money remains in that account. Your family law attorney may be able to talk more about how property might be divided in a divorce case involving an extramarital affair.

Do you have children?

A judge may grant you sole custody of your children if the other parent has engaged in adultery. However, he or she will likely receive visitation rights. This is because the law generally prefers that a child maintain relations with both parents after a divorce whenever possible.

If your marriage has come to an end because of infidelity, it may be worthwhile to speak to an attorney. He or she may use proof of adultery as a means of obtaining a favorable settlement in your case.