Devoting your life to someone only to discover that they were unfaithful can be a heartbreaking experience. While these situations may be difficult, sometimes the right thing to do is to walk away from or dismantle the relationship. This could give you the freedom and power to reclaim your self-respect and agency and build a life that supports you.
Our law firm has an in-depth understanding of the laws around adultery in Frisco divorce cases, including how disloyalty plays into the court’s calculation of alimony and division of property. Our compassionate divorce attorney appreciates your vulnerability and respects your journey as you navigate the legal steps of separating from your spouse.
Texas Family Code § 6.003 provides that adultery or unfaithfulness is one of the fault-based reasons someone can use to request to end their marriage. To qualify to use this, however, the spouse filing the lawsuit would need to prove that the other person voluntarily had sexual relations with someone else without the knowledge and approval of the other. Texas Family Code § 6.008 allows the spouse who cheated to point to condonation as a defense against the charge if it appears the spouses can reconcile their differences and work it out.
As Chapter 7 of the Texas Family Code explains, Texas is a community property state, meaning the court pools together all the qualifying resources and liabilities that each spouse acquired during the marriage. When dividing these between them, the judge may attempt to do so fairly and equitably, considering things like:
Because of this, a claim of disloyalty during the marriage may result in the offending spouse receiving a lower settlement than the other one.
Property division in a Frisco divorce based on adultery can be a contentious process. For this reason, many people in this position may choose to work with a knowledgeable attorney who could help them understand their rights and calculate and fight for a fair settlement.
In this state, alimony—also called spousal support or maintenance—is available to help a spouse financially after they end their relationship with the other person. Not every situation calls for a maintenance award; instead, the judge only allows these payments if the intended recipient can show that they cannot meet their minimum basic needs on their own. Texas Family Code § 8.051 provides that the spouse requesting alimony must also establish that other factors are present, such as the other spouse committing family violence against them within two years before the divorce action was filed or at any time while it was pending.
If the spouse qualifies for an alimony award, the court might then begin to calculate the appropriate amount of payments, the duration, and the type. As detailed in Texas Family Code § 8.052, the judge uses many different factors to determine how much the spouse should receive, which includes looking at the duration of the marriage and the reason for the relationship ending. Because of this, the spouse who was unfaithful may have to pay additional funds to the other one if the Frisco divorce court decides alimony is appropriate.
We understand that adultery in Frisco divorce cases can be a challenging and trying topic for people to discuss in court, as it requires them to speak about private relationship matters that they are sad to have to leave behind. We also appreciate how important it may be to you to ensure you get a fair settlement so you have the resources you need to move forward.
Reach out to our family law team today to schedule a time to discuss your situation, your concerns, and what we could do to help you. We provide no-obligation consultations that are completely confidential.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
