RBBM
A couple of articles on how adultry may affect ones decision on whether or not to file for a divorce in Texas:
How Adultery May Affect Property Division and Texas Divorce Proceedings
While adultery is a form of personal betrayal and causes great amounts of pain in many marriages, the courts may not consider it a major determining factor when divvying up a couples marital estate.
However, it may play a role in the courts decisions regarding other aspects of a divorce case.
Texas is a no-fault divorce state. This means that neither party has to show that the other was in the wrong or committed any bad acts.
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Texas also allows fault-based divorces, in which one party uses one of the acceptable grounds for divorce as the reason for filing the petition. And adultery is one of the grounds for fault-based divorces in Texas. However, its very rare for the courts to divide an estate disproportionately in favor of one spouse simply on the grounds of adultery.
Proving Adultery is Extremely Difficult
In order to prove adultery to the courts, the accusing spouse will have the burden of proof to show that his or her spouse actually had sexual intercourse with someone else. For obvious reasons, this is exceptionally hard to accomplish.
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But even if you could somehow prove it, the courts may not place too much weight on it. While there are exceptions, it may not ultimately affect property division to the extent that many spouses hope.
Adultery and Child Custody and Alimony Decisions
Adultery may be a factor, however, in decisions about custody and alimony. Some of the things the courts will consider include:
whether the children witnessed the adulterous acts;
where the acts took place; and
how long the affair had been going on prior to filing for divorce.
Alimony can be affected if one party proves the other was adulterous. If the spouse seeking alimony is the adulterous party, the courts may bar him or her from receiving alimony.
However, if the spouse that is seeking alimony has never worked during the course of the marriage then that spouse could ostensibly receive a larger proportion of the estate.
However, to some courts, the two situations the lack of work experience and the adultery may cancel each other out.
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https://www.wmtxlaw.com/articles/adultery-may-affect-property-division-texas-divorce-proceedings/
What Can You Ask for in a Divorce in Texas if Adultery Has Been Committed?
Grounds
In Texas, you may file for a "no fault" divorce, or you may file for divorce based on fault grounds, such as adultery. In order to file for a fault divorce based on adultery, you must have evidence that the other party cheated.
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Further, even if you do convince the court that your spouse committed adultery, the court is still not obligated to make its final ruling on the basis of fault.
Property Division
If you are successful in proving adultery, you may receive more of the community property in the divorce settlement.
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If you prove the other party's adultery was the cause of your divorce, you may ask for and potentially receive a greater portion of the community property.
Alimony
The Texas Family Code does not look at fault when determining alimony amounts.
Therefore, receiving alimony, or spousal support, is not automatic in Texas and proving adultery is not likely to have an impact on the court's decision. Generally, courts will only award alimony if there is evidence of domestic violence or the marriage lasted for 10 years or more and one spouse cannot financially support herself. Alimony awards usually only last for three years.
Proving Adultery
In order to prove that adultery occurred within your marriage, you must present evidence to the court. The court requires physical and credible evidence, such as emails, credit card statements and printouts of interactions on social media websites. Furthermore, it may be beneficial for your case if you can present evidence that money from community property was spent on gifts or vacations for the object of the extramarital affair. Providing such evidence may convince the court to award you more of the martial property estate.
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http://info.legalzoom.com/can-ask-divorce-texas-adultery-committed-24604.html
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