Texas is a no-fault divorce state—neither party has to prove the other’s wrongdoing in order to get a divorce. However, a spouse can provide evidence of fault to influence how a judge distributes property in a divorce.
Deciding whether to pursue a no-fault or fault-based divorce should depend on whether you can prove that a spouse committed adultery. Without actual proof, alleging adultery in a divorce case in The Colony can negatively impact the case for the accusing partner. Schedule a consultation with an experienced divorce attorney to learn more.
Most people choose a no-fault divorce, also known as uncontested, when seeking to end their marriage. In this type of divorce, the judge assumes both parties are equally guilty of the breakdown of the marriage and divides the property equitably.
Equitably does not mean a 50/50 distribution. The judge can consider other factors when dividing property, such as the spouses’ ability to support themselves.
However, the court usually starts with a presumption of a 50/50 distribution and then makes adjustments from there. It is important to note that evidence of adultery does not affect the distribution of property in a no-fault divorce case in The Colony.
In Texas, spouses can allege grounds or fault when seeking a divorce. Citing grounds can provide an advantage to the party that has been wronged because the court can use them when making property distribution decisions.
In addition to adultery, the grounds for a fault divorce case in The Colony include the following:
Adultery refers to voluntary sexual intercourse with anyone other than one’s spouse. Voluntary is essential—being a victim of a sexual assault is not adultery. The sexual intercourse component is also essential. Flirting is not adultery, but the court may consider a range of behavior when determining if someone is an adulterer.
A person does not have to provide photos or video of their spouse engaged in a sexual act for the court to find that they were an adulterer. A spouse can prove adultery with eyewitness accounts of a relationship, text messages or emails, pictures or videos of the couple together, or evidence of money spent on the relationship.
The family code gives judges discretion in dividing community property. While these assets belong to both partners equally, the judge can order an uneven split, especially if the partners have unequal earning capabilities.
The court will also consider whether the cheater spent money on their lover. If so, the court can order the cheater to reimburse their spouse for those wasted community assets.
The court uses the best interests standard to determine child custody, focusing on the parenting abilities of each spouse. Infidelity generally will not impact child custody or visitation.
However, if the innocent spouse is able to demonstrate that the infidelity had a negative impact on the children, then it could play a role in child custody decisions. While it is unlikely to result in the cheating spouse not getting visitation, it may keep them from being the primary physical custodian.
Adultery is one of the leading causes of divorce. If you are considering alleging fault in a divorce, the lawyers at Towson Law Firm, PLLC, could help you understand the pros and cons.
While providing evidence of infidelity can increase a spouse’s share of the assets, it usually delays the ability to move forward. Because of this, choosing whether to allege adultery in a divorce case in The Colony is a nuanced decision. Schedule a consultation to get assistance from a skilled family law attorney.
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.
