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Sex, Lies, Rock-and-roll, and Adultery in a Texas Divorce

As a Houston, Texas divorce lawyer many of I get to hear about adultery frequently as topic from our clients.  This despite Texas being a no fault divorce state which means if a spouse wants a divorce, the other spouse is not required to have committed a bad act  or "fault."

Why does Adultery Matter in a Texas Divorce?

Sometimes my clients want to know, “is it necessary to plead a fault in a divorce if they can be granted a divorce on the ground of insupportability?” The answer it is not necessary to plead fault in order to be granted a divorce.

The next question is then, “why would someone wanted to plead adultery under section 6.003 of the Texas Family Code in a divorce?” Generally, the big reason for pleading fault in a Texas Divorce is that if a party to a divorce is able to prove fault on a ground such as adultery is it may have an impact on dividing the marital estate. In other words, the divorce court may give the party who is not at fault more of the marital property. In most cases that is why a party will plead adultery in a divorce case is to ask the Court to divide the marital estate disproportionately.

Many of my clients are surprised that the divorce courts often take a "so what" approach regarding adultery and it generally has a minor impact on the remainder of the divorce proceeding.  Courts will pay closer attention if there have been adulterous acts committed in front of children of the marriage.

Proving Adultery in a Texas Divorce

The Texas Family Code Under the adultery fault ground found in the Texas Family Code Section 6.003. In order to prove Adultery in divorce direct or circumstantial evidence. However, the burden of proving adultery is clear and convincing which is less then beyond a reasonable doubt in criminal case.

It is Still Adultery even if you are Separated

Acts of adultery committed after a separation are still relevant and can be used to prove adultery under Family Code Section 6.003.

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Other Articles you may be interested in:

  1. Can I sue my spouse's mistress in Texas?
  2. My Spouse Has Accused Me of Adultery in my Texas Divorce and I Haven't
  3. When is, Cheating Considered Adultery in a Texas Divorce?
  4. Is Adultery a Crime in Texas?
  5. Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
  6. 6 things You Need to Know Before You File for Divorce in Texas
  7. Texas Divorce Morality Clause: Be Careful What You Ask For
  8. What does Insupportability or No-Fault in a Texas Divorce Mean?
  9. The Simplified Process for an Uncontested Divorce in Texas
  10. Explaining the Contested Divorce Process in Texas

Law Office of Bryan Fagan | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

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  • Frequently Asked Questions

    Our blog features a wealth of knowledge pertaining to some of the most frequently asked family law questions.

    Read More
  • Sign Up For Our Free E-Course

    Click here to sign up for our free E-Course on Divorce! It has been specifically created to help people who are considering divorce and wish to learn more about the divorce process

    Sign Up Now
  • Schedule Your Free Consultation Now

    Schedule a risk-free consultation today and we can assess your case.

    Book Now
  • Meet With a Finance Specialist

    Discuss payment plan options and more with a finance specialist.

    Get Started Now

Contact Us

Law Office of Bryan Fagan
Spring Divorce Attorney
Located at: 17101 Kuykendahl Rd,
Houston, TX 77068
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Phone: (281) 810-9760
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.