Texas residents get divorced for many reasons. One of the most common causes for a couple splitting up is some form of mistreatment or misbehavior. Known under state law as marital misconduct, it encompasses several grounds for divorce including adultery and abuse.
This can have a substantial impact on how the case is assessed by the court and both sides – the person accused of the behavior and the one who alleges they were victims of it – must be fully prepared and understand what it means when the case is decided upon.
Marital misconduct can affect all areas of a divorce
It is unfortunately common that adultery is a catalyst for a substantial percentage of divorces in Texas and across the nation. People have myriad options to meet someone and engage in a relationship outside their marriage and some choose to do so.
If a stay-at-home spouse is functioning as a homemaker, is caring for children and has little income of their own, suspicion of adultery could leave them wondering what they should do.
Evidence of adultery could benefit them when they pursue a divorce.
For example, when they are seeking spousal maintenance, the amount awarded hinges on many factors. A spouse who was the victim of misconduct can request a higher amount due to that behavior.
Courts can consider adultery or mistreatment when splitting property, granting custody to one parent or the other, and parenting time. Those who are in this situation need to be aware of how to prove their allegations are correct. Photographs, social media interactions and text messages are ways in which the court can be shown what occurred.
People who are accused of these behaviors must also remember that they should protect themselves. Just because there are accusations and circumstantial evidence does not mean it is true. Since the divorce can be so financially and emotionally costly – especially if it damages their relationship with children – it is imperative to try and show the claims are not accurate and should not be a major factor in the outcome of the case.
Help is vital when navigating a divorce case
A divorce can be difficult to navigate regardless of the circumstances. When a couple is getting divorced and there are claims that it is because of marital misconduct, it becomes even more complex. Since these cases can be so draining in every way, having assistance to pursue the case and be protected is one of the most important decisions a person can make.