When Your Spouse Has Cheated on You-Infidelity and Divorce in Texas
Texas is a "no-fault" divorce state. You can seek to terminate your marriage with stating any specific reason. You need only acknowledge to the court that there is incompatibility in your marriage. Does this mean, though, that the fact that your spouse carried on an extra-marital affair plays no part in your divorce proceeding? Not necessarily.
Reasons You May Want to Raise the Issue of Infidelity in a Divorce Proceeding
Though there can be personal reasons for citing marital infidelity as the basis for a divorce, there are practical reasons as well. If you cannot come to an agreement on such issues as child custody, spousal support or the division of marital property, the court may consider the adulterous behavior of either party when rendering decisions on these matters. If you can prove that your spouse cheated on you, you may be able to get more than the 50/50 property split under the community property laws in Texas, and you may be able to get a larger alimony award.
Judges in Texas are also inclined to look unfavorably on individuals who bring lovers or adulterous partners into the lives of their minor children. If you can prove that your spouse was cheating on you, and that your children were exposed to the illicit behavior, the court may limit visitation rights for your ex-spouse.
The Difficulties in Raising Infidelity in a Divorce Proceeding
One of the most problematic aspects of alleging infidelity is that you must prove to the court that it happened. This can be extremely time-consuming and costly, requiring that you retain the services of a private investigator. This process will almost always be emotionally difficult and contentious, and can force you to relive hurtful experiences. Furthermore, you may go through the effort to demonstrate infidelity, only to have a lenient judge consider it a result, rather than the cause, of the marital breakdown.
Contact the Law Offices of Pfister Borserine & Associates
At Pfister Borserine & Associates, we bring more than 20 years of experience to men and women throughout north Texas. Attorney John Pfister is board-certified in family law by the Texas Board of Legal Specialization. We understand that every case is unique, and take the time to learn the details of your situation, so that we can formulate a specific strategy to get the outcome you want. We offer experienced and successful trial counsel, or can help you to resolve your family law differences through alternative means, including negotiated settlements or mediation.