In certain situations, a married couple may come to an agreement that they no longer wish to reside together, leading to a divorce that is relatively amicable. In other cases, a divorce can stem from one partner's extramarital affair. Infidelity can harm a marriage beyond repair and impact the adulterous spouse's divorce rights. If you're considering divorce, it's important to understand how any extramarital affairs could influence your legal rights and responsibilities.
In Texas, a person seeking a divorce can request a no-fault or fault-based divorce from the court. In a no-fault divorce, the petitioner simply asserts that the marriage is no longer viable due to clashes or conflicts between partners, and there is no possibility of reconciliation. If the petitioner files for a no-fault divorce, the court will grant the divorce without considering any fault.
Even though a person may opt to file a no-fault petition regardless of the actual reason for seeking a divorce, in many cases where a spouse is seeking a divorce due to their partner's extramarital affair, they may choose to file for a divorce on grounds of adultery. The court may then grant the divorce in favor of one spouse if it concludes that the other spouse engaged in adultery.
To obtain a divorce on the basis of adultery in Texas, a person must demonstrate that their spouse voluntarily engaged in sexual relations with another individual while the couple was married. It's essential to note that Texas doesn't recognize legal separation, so adultery can occur even if the parties are no longer living together.
To support the allegation of adultery, a person typically provides evidence such as communications between the adulterous spouse and the person with whom they had an affair, credit card and bank statements showing money spent during the affair, and surveillance footage or photographs indicating the affair.
In Texas, any property obtained by either spouse during the marriage is assumed to be jointly owned. In the event of a divorce, any community property is subject to equitable distribution, which does not necessarily mean an equal division. The court is responsible for dividing the property in a manner that it deems fair, taking into account the rights of each party and any children produced from the marriage. Consequently, the court may consider factors such as adultery and allocate a greater share of the community property to the victimized spouse.
Adultery and divorce may also affect a claim for spousal maintenance. Texas law only permits maintenance claims under certain conditions, such as if the couple has been married for over ten years and one spouse is incapable of earning an income. Although adultery does not by itself provide grounds for maintenance, Texas courts may weigh it as a factor in determining the appropriate amount of maintenance to award.
Accepting the conclusion of a marriage is always a challenging task, but when infidelity is the reason behind the divorce, it can create significant turmoil and result in lengthy legal proceedings. The attorneys at Wilson Whitaker Rynell have extensive experience in managing divorce cases based on fault, such as those involving adultery. Our firm has experience representing clients in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County
Getting in touch is easy. Use the form below and request a free consultation today.
In order to best prepare yourself during the divorce process, it is vital that you have a
qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of
family and
divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.
Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.
Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you.
Let's talk about your legal issue
Wilson Legal Group P.C.
d/b/a Wilson Whitaker Rynell
(972) 248-8080 (Dallas) MAIN OFFICE
(713) 830-2207 (Houston) Appointment Only
(512) 691-4100 (Austin) Appointment Only
For more information on how we can assist in your intellectual property, commercial litigation, divorce, or other personal needs, let us know how we can help you:
WILSON WHITAKER RYNELL
Thank You for Contacting Us!
Your information has been sent, and we will contact you shorlty...issues.
WILSON WHITAKER RYNELL
Oops, there was an error sending your message.
Please try again later.
Disclaimer:
This form does not establish an attorney-client relationship, and should only be used to contact the firm about scheduling a call or meeting. No confidential or sensitive information should be sent using this form.
We represent clients nationwide, including Dallas, Austin, Houston, and other Texas areas such as Fort Worth, Arlington, Carrollton, Plano, Allen, Lewisville, Flower Mound, Irving, Denton, McKinney, North Richland Hills, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.
Wilson Whitaker Rynell
16610 Dallas Parkway, Suite 1000
Dallas, Texas 75248
972-248-8080 (MAIN)
972-248-8088 (FAX)
info@wrrlegal.com (E-MAIL)