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.
Amount and Duration of Spousal Support
However, if a spouse is eligible under the law to receive spousal support under Texas Law and a Judge is inclined to award spousal support then a Judge may consider marital fault when awarding the amount and duration of spousal support in the divorce.
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:
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- My Spouse Has Accused Me of Adultery in my Texas Divorce and I Haven't
- When is, Cheating Considered Adultery in a Texas Divorce?
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- 6 things You Need to Know Before You File for Divorce in Texas
- Texas Divorce Morality Clause: Be Careful What You Ask For
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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC 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, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC 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.