In Texas, child support is only awarded in a limited number of circumstances specified by law. Without going into too much detail, they all have to do with a spouse who is unable or otherwise unable to earn a living on their own. Circumstantial evidence can include things like bank statements, phone records, and texts or emails between your spouse and the person they cheated on. Of course, if you have photos, it works too. The importance of proving adultery varies greatly depending on the county where your divorce is filed. In Travis County, adultery is not as prominent as in other counties, such as a divorce from Williamson County, Texas, or a divorce from Hay County, Texas. Adultery can be detected using circumstantial evidence or by questioning your spouse as part of the discovery process. Often, in a divorce, one party wants to know about adultery in order to reach a conclusion and understand the reasons why the marriage ended. Things like sexual emails, sexting, photos, and other similar acts are also not considered adultery.
They can be qualified as fraud, but they do not meet the legal definition of adultery. As long as a person has sex while still married, this is considered adultery. This applies even if you are in the divorce process or if you have separated from your partner. In Texas, marriage can only end after divorce. As frustrating as it may be, infidelity is not illegal in Texas, and the only time it is legally recognized is in the context of a divorce. If you cannot prove adultery as defined above, you simply will not be held responsible for being treated unfairly by your spouse in this way. Before we continue, we have an important note about the Texas real estate department in general. Regardless of whether adultery occurred, only marital property will be considered in your divorce. If you want to prove that your spouse committed adultery, you should definitely talk to a lawyer who is qualified in family law.
Fortunately, there are excellent family law lawyers everywhere from Hartley to Harris County. You can`t sue anyone, your lover, for adultery because adultery is not illegal in Texas. However, adultery can affect the divorce court`s decision on the division of property and be grounds for requesting a disproportionate share of joint property. The innocent spouse may receive a higher or disproportionate percentage of joint property. It can also influence decisions about spousal support (alimony) and influence custody. It`s the job of Texas lawmakers to do their best to protect you and your spouse, and you should keep that in mind before asking your lawyer to fight like hell for the sake of emotional catharsis. That being said, adultery can (and probably will) be considered if a court divides your property, and you can talk to a lawyer about how you can both effectively advocate for her to get less than she would have otherwise. It`s not a sure thing, but it doesn`t hurt to try. So, to sue your spouse and boyfriend or girlfriend for their adulterous behavior, first make sure you have the facts to support the claim. This means that the judge will take your new partner into account when making a decision on family allowances and curatorship. It is not uncommon for a judge to specifically choose the other parent as the primary curator simply because of the person with whom the guilty parent was together.
For example, in situations where the new partner is a sex offender, has a history of violence, or engages in drug-related activities, the guilty parent is not awarded custody. So back to our original questions: Can you sue your spouse and boyfriend or girlfriend for adultery? The answers: Yes, if the adulterous behavior amounts to a deliberate (or reckless) infliction of (severe) emotional stress. Yes. If you can convince a judge that your spouse`s fraud is the reason your divorce should be founded, you may receive a larger share of matrimonial property. For example, if your spouse cheated during the marriage and you can prove it, the judge might split 55/45 or 60/40, especially if there is inequality in earning potential or if your spouse spent the marriage money for his outside love interest. The Texas Family Code defines adultery as a legal term that means voluntary sexual intercourse between a married person and a person who is not the spouse. Moreover, the application cannot be upheld if the only alleged damage is the reputation of the innocent spouse. If it sounds like your marriage, the judge will likely divide your matrimonial property to offset matrimonial funds spent without your knowledge or permission. Because it can be difficult to obtain direct evidence, some spouses question whether they should hire a private investigator to collect the evidence. However, hiring a private investigator doesn`t come cheap and can consume the funds you need to hire a lawyer to sue you. Hire a private investigator only if there is substantial marital property. This can be very difficult to hear for some despised spouses.
Isn`t it true that untrustworthy people are not good parents? According to Texas family law, adultery is voluntary sexual intercourse between a spouse and a person who is not a party to the marriage. In other words, emotional matters can certainly look like cheating, but that emotional distress won`t necessarily help you in court. So even if your wife didn`t cheat on you, she`s unlikely to get exactly half of your joint fortune, and that`s still true even if she was unfaithful. If your situation meets this standard, you can sue. As to whether you should sue, that is a problem for another section. or a conversation with a lawyer. In addition, the court found that there was no specific intent requirement, but that “the investigator may examine whether [the fraudster] knew with considerable certainty that his actions were likely to cause emotional harm [to the innocent spouse].” That being said, there are countless ways to emotionally heal from being betrayed, and we encourage you to find a great psychiatrist to help you move in that direction. This is especially true if there is evidence that the unfaithful spouse spends joint property on his or her business. This includes expenses for hotel rooms, gifts, dinners and others. Whether you are a victim of adultery or cheated on your spouse during your marriage, you need to understand some facts about Texas adultery law.
Data from the General Social Survey show that 21% of men and 10% of women cheated on their spouse during marriage. Adultery can be a factor in your divorce, and Texas divorce and adultery laws can help you know what steps to take if you find yourself in a situation where your marriage ends because of adultery. So, you know your spouse was unfaithful, but you (thankfully!) don`t have the photos to prove that actual sexual acts took place. Does that just mean you`re out of luck? Well, the answer is that proving adultery as the basis for your divorce can have a huge impact on how the commons are divided by the court. Larson Law Office strives to provide personalized service to each client. Divorces are difficult and emotional. You need a compassionate advisor who can help you develop the best strategy to get the solution you deserve. Contact us today for your free evaluation.
In general, the factor that the court considers in its decisions is the income history and income potential of the spouses. Situations such as adultery or other reasons why the couple is divorcing may also be taken into account by the judge when deciding on the division of property. However, most judges do not consider adultery to be something that should play an important role in their decisions. In some situations, one spouse may be able to reach a good agreement because the other spouse does not want to be exposed as adultery. The judge will not only trust your word that your spouse has deceived, and proof of infidelity is not always easy to obtain. If you plan to present evidence of adultery against your spouse, you should consult a lawyer to make sure you are following the correct rules of evidence. Reasonable evidence may include: Texas is considered a no-fault divorce state on its part, which essentially means that neither spouse needs to prove wrongdoing to get a divorce. You can divorce without giving a reason or explanation by simply quoting “intolerability.” Most divorces in Texas fall into this category, also known as uncontested divorce.
Most judges divide matrimonial property equitably in the context of a divorce, through no fault of their own or uncontested. Adultery is defined as voluntary sexual intercourse between a married person and another person who is not the spouse. In Texas, the Family Code requires a “fair and appropriate division” of joint property, which gives the judge discretion to divide property and assets among divorced spouses. It is also not uncommon for a judge to order the unfaithful spouse to reimburse the innocent spouse for “wasted communal property” – money spent on a lover for dinners, hotel rooms, travel, jewelry, etc.