Imagine being in a situation like the following. You and your husband have been married for almost 20 years. You have three children together. However, lately, you have noticed that your husband has become more distant. He seems uninterested in you and your children. Whereas before the family used to spend all their free time together that is no longer the case. Now you are in a position where you wonder what could have led to this level of disinterest from your spouse.
Eventually, you came to find out that your husband had been cheating on you. The infidelity has been ongoing for the past several months. As a result, you are right now in the process of moving out of the family house with your children. There is no question in your mind that you are going to file for divorce. However, the only question you have Is whether you can hold your spouse’s significant other responsible for having destroyed your marriage.
In today’s blog post from the Law Office of Bryan Fagan, we are going to discuss this topic. It is a confusing and frustrating time to find yourself unsure of the next steps when it comes to the status of your marriage. Knowing that you are going to get divorced is one thing. However, it is an entirely different subject to wonder about suing your spouse’s significant other. The possibility of doing so is an intriguing one. Whether it would work is another story altogether.
Alienation of affection
In Texas, the situation we just finished describing is known as alienation of affection. Many people wonder whether this is a valid mossy in Texas family court. The answer to that question is a simple “no”. Are not able to sue the paramour of your spouse for alienation of affection. However, we would not go to the trouble of writing an entire blog post about marriage and divorce if we did not have something of merit to share with you. Namely, that there are alternatives to filing suit on these grounds.
An experienced family law attorney can help you to understand better what your options are when it comes to your life and your divorce. Even if the alienation of affection is not a valid lawsuit in Texas, that does not mean that you have no recourse in this situation. There are alternatives for you to pursue if you would like to hold your spouse accountable for their actions which led to the breakdown of your marriage.
For their starters, understanding that a marriage can end through divorce for multiple reasons is important. No two divorces are exactly alike. Rather, you are unique aspects of every single marriage. As a result, you cannot simply copy and paste your friends experiencing the force to your case today before making decisions on how to proceed or what steps to take.
The importance of hiring an experienced family law attorney
The attorneys with the Law Office of Bryan Fagan understand the difficulties of a divorce. We walked with clients every day there were complex and emotionally charged circumstances involving divorce. We do not take the opportunity to serve our clients for granted. Rather, we aim to act professionally in all capacities representing clients. Ask any of our attorneys and they will tell you that it is a tremendous honor to serve our clients whenever and wherever we are called upon to do so.
When you are facing a circumstance involving infidelity in your marriage you cannot afford to make mistakes. If you want to hold your spouse accountable for their actions, then making good decisions is critical. The more mistakes you make in a case the greater the likelihood that there will be consequences to suffer. While it is understandable to have questions in doubt about a divorce that does not mean that your good-natured mistakes will be any more easy to overlook. Rather common even honest mistakes can be harmful in the setting of a divorce.
If you have questions about the material that you come across in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. We 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 divorce process so that the mistakes other people make in a divorce do not need to be the ones that you make.
Default grounds for divorce
In Texas, there are two types of divorce cases. The first type is by far the most common. This is known as a no-fault divorce. In a no-fault divorce, you do not have to specify the reason why you want a divorce. Rather, all you need to say is that there are irreconcilable differences or a conflict in personality which led to the divorce being necessary. Not needing to specify the exact reason divorce is necessary means That it is easier to file for divorce in Texas now than it was decades ago. No-fault divorces have revolutionized the family courts.
The other type of divorce is known as a fault-based divorce. Divorce based on specific fault grounds is also possible. Instead of pointing to discord and personalities, the fought-based device allows you to specify to a judge exactly why your divorce is necessary. Examples of fault grounds in Texas include adultery, conviction of a felony, abandonment, and cruelty. These are not the only fault grounds for divorce. However, there are four of the more common ones.
You may be curious why specifying a fault ground for divorce would ever be advisable. After all, we just covered how it is possible to get divorced in Texas for no reason at all. So why go through the trouble of specifying in fault ground for divorce? The reason is that by proving a particular fault ground for divorce you allow yourself the opportunity to win a disproportionate share of your property division in the divorce. Additionally, there are reasons to push for a fall ground when it comes to child custody and spousal support. While it is not necessary to cite a full ground for divorce it can be to your advantage to do so.
Infidelity as a fault ground for divorce
Getting back to the topic of today’s blog post, if you intend to specify that adultery is the reason why your marriage failed then you should be prepared to present evidence showing that adultery occurred. As you can see in Texas State law, adultery probably does not mean a flirtatious relationship that your spouse had with another person. Rather, the relationship needs to be sexual. In addition, you will need to show that the nature of the infidelity impacted your marriage in a significant way.
What this should tell you is that adultery as a fault ground for divorce is not a secret code towards getting whatever you want in the divorce. Rather, there are certain aspects of a case that may be impacted by adultery more than others. Adultery tends to show that a spouse may not have the best interests of their family at heart in most circumstances. As a result, you may be able to show that your spouse is not suited to be a primary conservator of your children, for example. That is just one area where it may be shown that your co-parent should have their behavior held against him.
Alienation of affection as evidence
To be clear, alienation of affection involves a third party harming your marriage relationship. When we think about a third party in these circumstances, we most notably consider extramarital affairs. Infidelity is, indeed, a leading cause of divorce. However, other circumstances may lead to a third party destroying your marriage. This could involve a family member who doesn’t like you, a work relationship, or any number of people like this. There are a range of persons who may enter your marriage in an attempt to harm the relationship.
Whatever the motivation behind their actions, the reality of the situation is that you and your spouse are both potentially susceptible to alienating behavior. With that said, alienation of affection as a topic is a major one. In a way, every divorce involves a third party who has attempted to harm the relationship. That may be in subtle or explicit ways. In any event, just because alienation of affection is not a valid fault ground for divorce does not mean that you should not prepare to utilize this evidence in some form or fashion in your divorce.
For example, it is not difficult to see how alienation of affection and potentially enter discussions on adultery in the marriage. Since adultery deals with many of the same circumstances as alienation of affection it would not be difficult to see a situation where you need to utilize evidence related to alienation within the context of adultery. The bottom line is that you should not completely disregard evidence of alienation in your divorce. It can be used to help prove many elements of divorce including fault grounds.
The evidence needed to prove alienation of affection
While alienation of affection is not in and of itself a full ground for divorce in Texas the following pieces of evidence may be worthwhile when presenting infidelity. First, you must have proof that the other person intentionally acted in a way that would foreseeably destroy your marriage. This includes the person moving forward in the relationship despite knowing that your spouse was married.
Evidence of social media posts, photographs, and other evidence the affair took place is helpful. Ultimately, when you are trying to prove any fault ground for divorce you need evidence. It is not enough to simply allege that adultery took place. Rather, you need to be able to show a judge that there is sufficient evidence to prove adultery or any other fault ground. Otherwise, the allegation of a fault ground there’s nothing to advance your case forward.
The distress caused by alienation of affection may rise to the level of cruel treatment. Cruel treatment is a fault ground for divorce in Texas. If the mistreatment was so severe that you were not able to continue living with your spouse, then there may be a valid fault ground for divorce during all the infidelity. Look at things like witness testimony, text messages, in social media postings. All this type of evidence can come in handy in a situation where you need to prove a fault ground for divorce.
Filing for divorce
In some cases, it will be difficult for you to file for divorce. This is not to say that the process of filing for divorce will be any different for you than it is for anyone else. However, working up the courage to file for divorce means that taking that first step toward the separation is challenging. Nobody is arguing that filing a divorce is easy. However, when you are emotionally attached to your spouse, and is completely normal, as well. Therefore, even spouses who are cheated on may have a tough time ending the marriage.
When you find yourself in a situation like this is oftentimes a good thing for you to consider talking to an experienced family law attorney. An attorney not only understands the process of filing for divorce I can hold you accountable through the process. This means that if you are wavering on filing for divorce then a key part of your case is simply deciding to move forward. When you hire an attorney there is much more accountability than working alone. The attorney can act as a mirror of what is going on in your mind. Sometimes you will not be happy with what you see reflected in you.
The attorneys with the Law Office of Bryan Fagan are skilled at helping people just like you make decisions that are for their betterment. We do not push people in one direction or another without considering their particular circumstances. Our attorneys take very seriously there were sensibility of helping to guide clients going through difficult situations. When it comes to alienation of affection, we know that there are a lot of relevant emotions. With that said, do not overlook the possible benefits of a divorce even if there are difficulties standing in your way.
The impact of adultery on your divorce
To close out today’s blog post from the Law Office of Bryan Fagan let’s spend some time discussing how adultery may impact the different areas of your case. Starting with the division of your marital property. It is possible that the infidelity was not only emotionally and relationally terrible but also financially harmful.
Consider looking at your bank and credit card statements to determine if your spouse used marital property to buy things for their significant other. This could result in your spouse having to reimburse the community estate for wasted assets. Any information and evidence you can come up with to show that the wasting of community property occurred is in your best interest. In this type of situation, moving forward means presenting evidence to a court. The more specific you can be with the property which was wasted the better off you are.
On the flip side, adultery impacts the subject of child custody when your children have been exposed to these bad actions. Imagine a situation where your spouse introduced your children to their significant other. This can present many difficult and awkward circumstances for your children. Additionally, it shows a significant lack of judgment on the part of your spouse. As a result, expect that a court will not look favorably upon the actions of your spells. It may cost your spouse rights, duties, and parenting time with the kids.
The Law Office of Bryan Fagan is on your side
When it comes to hiring a family law attorney, you have many options. One of the nice things about living in Texas is that there is no shortage of attorneys. However, another reality of the case is that you need an attorney who is skilled in matters related to family law. Many attorneys will take your case and your money. However, the results an inexperienced attorney can win for you are minimal. Rather, experienced attorneys offer you the best opportunity to achieve your goals.
Thank you for joining us today on the blog for the Law Office of Bryan Fagan. We post unique and informative content about the world of Texas family law every day of the week. Our office is here for you during the trying times of your life.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan 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. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
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.
