15 Mar What Impact Can Adultery Have on Divorce in Texas?
There are many reasons to get divorced, and infidelity is one of them. The American Psychological Association (APA) reports that anywhere from 20% to 40% of divorces are linked to infidelity, and men tend to cheat more often than women do. If there is infidelity in your marriage, you can both choose to stay or end the marriage.
If you choose to end the marriage, you might be wondering what kind of impact this has on the proceedings. A divorce attorney will outline what to expect from the divorce process and how adultery can affect it. Our team at Navarrette Bowen P.C. is here to help.
When filing for divorce, you need to have grounds. Years ago, especially for women, there needed to be a fault assigned that caused the breakdown of the marriage. Today, Texas is a no-fault divorce state. You can get divorced for any reason you so choose, and file it as no-fault.
Adultery is still listed as grounds for divorce, however. If you choose to go this route, you will need to prove that your spouse engaged in sexual activity with someone else while you both were married.
Proving that your spouse is engaging in sexual activity outside of the marriage takes more than a gut feeling you might have. You will need to show hard evidence. This can include things such as
- Credit card statements
- Social media
- Call logs
Hiring a private investigator or gathering evidence in other ways is important to have to present to the judge. The burden is on you as the accuser to present the case.
The main impact that adultery has on divorce is when it comes to the division of property. The state of Texas divides it in a way that is just and right. While that does not always equate to a 50/50 division, it usually floats around that line.
Adultery alone does not shift the divide. You instead would have to show you suffered from a loss of some benefit that a continuation of the marriage would have conferred on you. Showing the spending of money on things like gifts for the affair is an example.
Hiring a divorce attorney ensures that in negotiating the settlement, you end with something fair. If you are proving adultery, an attorney can help take the evidence and build your case.
Navarrette Bowen P.C. has a team of experienced divorce and custody attorneys ready to help you navigate everything that comes with infidelity and divorce. Our office is in downtown Denton. A confidential consultation with us is free, and you can come into our office or schedule one online. Contact us today.