Divorce is never easy. In League City and Galveston Texas, the process can be even more complicated if you decide to start dating before the divorce is finalized. While Texas allows for no-fault divorce, meaning neither party needs to prove wrongdoing to end the marriage, the decision to date during divorce proceedings can still have significant legal implications. This blog will explore the complexities of dating during divorce in Texas, including how it may affect your case, and why it’s essential to proceed with caution.
Understanding Texas Adultery Law
In Texas, adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse. Unlike some other states, Texas does not require proof of adultery to file for divorce, thanks to its no-fault divorce laws. However, if adultery is proven, it can impact the outcome of your divorce case, particularly in matters related to property division, spousal support, and child custody.
Legal Implications of Adultery During Divorce
While Texas does not consider adultery a crime, it is still recognized as a factor in divorce proceedings. When a spouse engages in an extramarital affair, the court may view this as a breach of the marital contract. This could lead to unfavorable rulings for the offending party. For instance, the court may award a larger share of the marital assets to the non-adulterous spouse or adjust spousal support payments based on the circumstances surrounding the affair.
Impact of Dating on Divorce Proceedings
Dating during a divorce can introduce additional complications, particularly if your new relationship becomes public or if your spouse learns about it. Texas courts consider various factors when deciding on property division, spousal support, and child custody, and dating can influence these decisions in several ways.
Property Division
Texas is a community property state, meaning that all assets and debts acquired during marriage are generally divided equally between the spouses. However, if adultery is proven, the court may deviate from this standard and award a larger share of the marital property to the innocent spouse. If you begin dating during the divorce, your spouse may use this as evidence of adultery, which could negatively impact your share of the assets.
Additionally, dating during divorce may increase your financial records’ scrutiny. If your spouse suspects that you are spending marital funds on your new relationship, they may request a thorough examination of your finances. This could result in a less favorable property settlement for you.
Spousal Support
Adultery can also play a role in determining spousal support. In Texas, the court considers several factors when deciding on alimony, including the conduct of each spouse during the marriage. If you are found to have committed adultery, the court may reduce or even terminate any spousal support you might have received. On the other hand, if you are an innocent spouse, your partner’s infidelity could strengthen your case for receiving spousal support.
Child Custody and Visitation
Texas courts generally presume that both parents have equal rights and responsibilities regarding their children. However, if adultery is involved, particularly if it affects the children’s well-being, the court may modify this presumption.
When determining custody and visitation, the court’s primary consideration is the best interest of the child. If your dating life introduces instability or emotional harm to your children, the court may limit your custody or visitation rights. Evidence of adultery can be used in court to argue that your new relationship is not in the best interest of your children. Therefore, it is crucial to consider the potential impact on your custody case before dating during your divorce.
Tips for Dating While Going Through a Divorce
If you decide to date during your divorce, keep your relationship private and avoid flaunting it on social media or in front of your spouse or children. Be mindful of how your dating life could be perceived by the court and consider the potential impact on your divorce case. Most importantly, consult with a divorce attorney who can advise you about the matter.
Contact an Experienced Divorce Attorney
Dating during divorce in Texas is fraught with legal challenges. While it’s not illegal, it can have significant consequences on your divorce proceedings. Before starting a new relationship, it’s crucial to weigh the potential risks and consult with an experienced lawyer. The Law Offices of Tad Nelson & Associates can provide the guidance you need to make informed decisions during this difficult time. Contact us today or call at 281-280-0100 to discuss your case and learn more about your legal options.