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The Impact of Adultery in a Texas Divorce Proceeding

The Impact of Adultery

It’s a well-known fact that marital infidelity is the single most common cause of divorce, both in Texas and across the United States. Even though Texas has adopted no-fault divorce, you can still allege adultery as the cause of the breakup of your marriage, and you can obtain an advantage in divorce proceedings. Contact a Baytown family lawyer for help with the impact of adultery in a Texas divorce.

Adultery and Alimony

Though a court always has the discretion to award alimony in a Texas divorce, the court may deny spousal support if it finds that the spouse requesting alimony was unfaithful during the marriage. The court will customarily look at whether both parties engaged in extra-marital affairs. In situations where the person who participated in an adulterous relationship is asked to pay alimony, and it can be shown that the marital infidelity was the cause of the dissolution of the marriage, the court will almost always require alimony.

impact of adultery

Adultery and Property Division

Under the community property laws in Texas, the fact that one of the parties was unfaithful can be used to reduce that person’s share of the marital estate. In addition, the court can also take money spent on an affair into account when dividing property.

Adultery and Child Custody

As a general rule, evidence of infidelity cannot be entered into proceedings involving custody and visitation, unless it can be shown that one parent abandoned minor children while engaged in an adulterous relationship.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, our family law attorney brings more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-761-6042 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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