Texas Family Law & Adultery Representation — Galveston, League City, Texas
In Texas divorce cases, adultery is a valid issue. If adultery is responsible for the break up of a marriage it can have an affect on everything else in the divorce including the equitable division of property and even child visitation rights. If you think adultery could form the grounds for divorce in your case, it is important to discuss your options with a knowledgeable family law attorney.
What Is Adultery?
Texas law follows the black and white, legal definition of adultery. Legally, adultery is defined as voluntary sexual intercourse between a married person and a person who is not his or her spouse. Other acts such as the exchange of explicit content – whether it be photos, text, videos, etc. – does not constitute adultery in the eyes of Texas law.
Is It Considered Adultery If I’m Separated?
Another sensitive topic in the case of adultery is knowing whether or not it is actually considered adultery if you and your partner/spouse are separated. It is important to know that any voluntary sexual intercourse between a married person and another is considered adultery until the divorce is finalized. If you are unsure on the details around this often confusing topic, please reach out to us. We have experienced professionals prepared to assist you.
Despite living separately, according to the law, you are considered married until the divorce process is complete. Any actions during a marriage involving voluntary sexual intercourse could be grounds in approving a divorce due to adultery.
The Effects of Adultery in a Divorce Case
The two main areas where adultery can affect how a divorce is settled are property division and child custody. If the adultery occurred around the child, it could result in reduced visitation rights for the adulterous parent. Also, being found to have committed adultery in your marriage could result in the loss of up to 60 percent of the marital estate.
When it comes to the division of property, a judge will split it depending on various reasons. One of the most influential factors is that of income. The judge will take into consideration the income history and potential of each party and will more than likely provide the majority of the division to the party who has less of the history and potential. If a husband is bringing in 20 times more than what the wife is bringing in, it might be safe to say the wife will receive more of the community property.
Did Adultery Destroy Your Marriage? Our Family Law Firm Can Help
At The Law Offices of Tad Nelson & Associates in League City and Galveston, we provide skilled representation to men and women seeking divorce in Galveston County, TX. We seek to create a supportive environment for our clients, combining our big city experience with small town values. We understand how difficult it can be to go through a divorce. If you are considering divorce and adultery is involved, call us (281) 280-0100 for a consultation. We can help you know the law revolving around adultery, if your claim is valid, and what may be coming in your case.
Contact us today for a consultation. All major credit cards are accepted and we are available for evening, weekend and off-site appointments.