Life unfolds smoothly until an unexpected discovery adultery Texas Family Code shocks you. You grab your spouse’s phone to revisit fun moments from last night’s dinner. As you scroll through the photos, shocking images surface. You find revealing pictures of your husband with another woman in a hotel room. Confusion and disbelief set in.
Digging deeper, you review his text messages and find several from an unknown number. The messages, filled with romantic exchanges and plans, confirm an ongoing affair. The reality hits hard: your husband is cheating.
The wave of emotions that follows is overwhelming. Anger, betrayal, and sadness engulf you. Within moments, your world crumbles. It’s clear that this isn’t a fleeting mistake but a deliberate betrayal.
Your focus shifts to protecting your children. The idea of pretending your marriage works is unbearable. You ponder the next steps, especially the impact of this affair on your divorce. How can you use this information effectively?
Today’s blog post from the Law Office of Bryan Fagan delves into these concerns. We discuss how the adultery Texas Family Code influences divorce proceedings. We aim to equip you with knowledge about the ramifications of infidelity. For further guidance, contact our office for a complimentary consultation.
What can adultery mean in a Texas divorce case?
Adultery, according to the adultery Texas Family Code, involves sexual intercourse between consenting adults. While the code itself doesn’t specifically define adultery, Texas appellate courts have consistently described it in these terms. This means that any allegations of adultery in your divorce should explicitly reference a sexual act. Actions such as touching, flirting, texting, or kissing might suggest adultery, but they do not constitute adultery under Texas divorce law without the sexual act.
You might wonder how to prove adultery in court. It’s crucial to have concrete evidence of the affair, as suspicions alone will not suffice. Remember, the adultery must occur during the marriage; incidents during engagement don’t count, but infidelity during a separation within the marriage does.
Proving adultery can often rely on circumstantial evidence, which includes suspicions or indirect signs of infidelity. While a collection of circumstantial evidence might build a compelling case, direct evidence remains the most effective way to establish adultery in divorce proceedings.
Each family law case involving adultery is unique. It’s impossible to predict the outcome based solely on prior cases. Sometimes, your circumstances might not even meet the legal definition of adultery. Therefore, consulting with a family law attorney is essential to understand how infidelity might impact your divorce proceedings. This expert guidance is crucial in navigating the complexities of adultery cases under Texas law.
How can adultery impact your divorce?
Adultery can significantly influence your divorce, especially in property division, a crucial aspect alongside child custody. Understanding Texas community property law is vital, as it dictates the division of marital assets. All property owned during the divorce is presumed to be community property but can be classified as separate if acquired before marriage or through inheritance or gifts.
Divorce courts can allocate marital property either through trial or settlement, with the latter being more common through mediation and negotiations. If unresolved, a judge will determine the division in a trial, aiming for a just and fair allocation, not necessarily equal. This is where factors like adultery under the adultery Texas Family Code play a role.
Adultery isn’t the sole factor in property division but is considered alongside others such as age, employment history, skills, education, health, child care responsibilities, and any disabilities. It particularly influences decisions when community assets are misused to further an affair, like spending on hotels or gifts, which courts view as asset wastage.
The impact of adultery extends to the likelihood of divorce itself, often being a primary cause. If evidence shows adultery led to the breakup, the judge might grant a disproportionate share of assets to the non-adulterous spouse.
The necessity for clear, convincing evidence to prove adultery means having a skilled family law attorney is essential. Attorneys at the Law Office of Bryan Fagan are prepared to help you navigate these complexities, ensuring your interests are represented effectively in negotiations and court proceedings.
How adultery can impact child custody issues
Adultery, as specified by the adultery Texas Family Code, does not typically affect child custody decisions in a Texas divorce by itself. Your spouse’s infidelity might cause personal turmoil, but it generally doesn’t influence custody unless it directly involves the children. Infidelity that occurs away from the children likely won’t impact your case. However, repeated incidents witnessed by the children could affect custody outcomes.
Consider the behavior of your spouse’s new partner, especially if they struggle with drug or alcohol issues. Such problems can seriously compromise child safety and well-being. A judge aims to support parent-child relationships, but a parent involved with an addict may face unfavorable custody decisions.
Child custody battles often center on maximizing time with your children. The fear of losing precious moments with your children can drive you to fight harder during and after the divorce. However, your spouse’s choices, especially prioritizing a new relationship over the children, can damage their custody case. This perceived lack of judgment might convince a judge that your spouse places personal desires above the children’s needs, potentially costing them quality time with the kids.
Furthermore, it’s not uncommon for a parent to introduce the children to a new significant other before the divorce concludes. Although surprising, some parents do this in an attempt to integrate their new partner into their children’s lives. This action can be very disruptive, presenting the new partner as a threat to the familial stability, complicating the emotional dynamics of the parent-child relationship.
Adultery and Texas divorce cases: be prepared and have a plan
Setting clear goals and crafting a strategic plan are essential aspects of navigating a divorce effectively. This approach not only utilizes the time available but also directs the process towards more meaningful outcomes beyond just surviving the ordeal or protecting financial assets.
If you find yourself uncertain about establishing divorce goals, the Law Office of Bryan Fagan is equipped to guide you. We dedicate ourselves to serving families throughout Texas, ensuring your objectives become ours. We prioritize your interests above all else and commit to advocating vigorously for you and your family.
In cases where adultery impacts the divorce—addressed under the “adultery Texas Family Code”—it’s evident there are significant boundary issues with your spouse. Our team is prepared to hold your spouse accountable in a manner that upholds the law, working closely with you every step of the way.
Our attorneys embody experience, professionalism, and thorough preparation. We invite you to a complimentary consultation to discuss your specific situation, learn about the legal implications, and decide the best course of action for your circumstances. Thank you for engaging with our blog today. Continue to follow us for daily insights into Texas family law.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the world of Texas family law, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as how your family’s circumstances may be impacted by the filing of a divorce or child custody case.
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Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
