Will An Affair Matter In Legal Divorce Proceedings?

One of the most common reasons for the end of a married relationship is infidelity. In cases where infidelity occurs, trust between the married couple is typically irrecoverably broken, leading to no other option than a divorce. But does the affair that one half of a married couple carried out matter in the event of a divorce, in terms of having any sort of legal punishment or consequence?

The answer is complex. Adultery may sometimes have an impact on the division of assets during a divorce, depending on the location of the couple as well as the specific circumstances of their divorce and relationship. Let’s take a closer look at how divorce may impact a divorce in a legal context for cases under the jurisdiction of the state of Texas

Grounds for Divorce: Fault in Texas

In some states, the justification for a divorce can have an impact on the direction of the case or whether a divorce may proceed at all. Texas is a fault state where this does matter

Property Asset Division: The Impact of An Affair

An affair may influence the outcome of the division of assets, specifically in terms of property assets. Under Texas law, property assets are divided equally as per the status quo.

Affairs and Possible Parenting Time Restrictions

An affair does not typically affect the stronger issues such as custody or child support, but in certain cases a court may order the spouse who was unfaithful to keep their affair partner away from the children during parenting time, if it can be proved that their proximity is having a negative effect on the child in question. If it can be shown that the affair partner is dangerous, then a court may restrict parenting time until the unfaithful spouse can prove the affair partner is out of their lives.

Your Best Option: Contact a Divorce Lawyer

Your best option during a divorce is to contact an experienced divorce attorney who will be able to help you navigate the complex world of divorce courts. A divorce lawyer will be able to assist you with any questions or concerns you may have about your divorce case, particularly in regards to how an affair may or may not impact the final details of your divorce. Don’t hesitate call or contact Jaime Alvarado & Associates as soon as possible and let them handle the frustrating and painful process of a divorce for you.