Infidelity in marriage is a profound breach of trust with significant long-term and short-term consequences. It often leads families to consider divorce, an outcome no one desires. Working with numerous families at the Law Office of Bryan Fagan, we’ve seen that divorce is a challenging, often inevitable decision in cases of severe partner misconduct.
Navigating Post-Cheating Decisions
Discovering a spouse’s infidelity can be devastating, shattering the trust you held dear. It’s crucial to consider all options carefully before making decisions as serious as divorce. It’s essential to remember that you’re not compelled to rush into any action against your will.
The Irreversibility of Divorce Proceedings
Once a divorce process starts, it typically leads to an actual divorce. Many people mistakenly believe that initiating a divorce could lead to reconciliation during therapy or counseling. However, experience shows that once a divorce petition is filed, it’s hard to reverse course.
Exhausting All Alternatives
Before filing for divorce, it’s wise to exhaust every possible avenue to salvage the marriage, including therapy and direct communication with your spouse. This doesn’t mean compromising on morals or safety, but exploring all potential solutions.
Unique Challenges for Military Families
Military families face unique challenges, especially when one spouse is deployed. This distance can make direct communication and reconciliation efforts difficult, if not impossible.
Understanding Divorce Filing in Texas
In Texas, divorce starts with filing an original petition and paying a filing fee, varying by county. Jurisdiction requirements include residing in Texas for six months and in the filing county for three months. Filing for divorce is essentially a notification to the court, starting a 60-day countdown to the earliest possible divorce date.
The Importance of Serving Notice
The critical step in a Texas divorce is serving notice to your spouse, which truly initiates the proceedings. For military spouses, this may involve understanding specific military procedures for serving papers.
The Servicemember Civil Relief Act
This act protects active-duty military personnel from divorce proceedings while deployed. It’s advisable to work with an experienced attorney to understand these limitations and prepare for divorce proceedings upon your spouse’s return.
The Role of Cheating in Child Custody
Infidelity can reflect on a spouse’s maturity and parenting capabilities, becoming central in custody negotiations. A judge must consider the children’s best interests, and exposing them to a new partner can negatively impact custody decisions. Poor judgment in introducing a new partner can lead to limitations in conservatorship rights and specific clauses in the divorce decree regarding unrelated adults in the home.
Military Responsibilities and Custody
A spouse’s military duties, coupled with infidelity, can affect custody and visitation arrangements. The children’s age, specific needs, and exposure to the new partner are crucial factors in these decisions.
Seeking Professional Advice
For detailed and personalized advice, contacting attorneys like those at the Law Office of Bryan Fagan is recommended. They can offer tailored guidance suited to your unique situation in a military divorce.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.