In Texas, legal requirements for divorce include the establishment of a domicile permanent home in the state for at least six months, among other regulations.
In Texas, divorce law allows for no-fault divorce, which means neither party needs to provide evidence that the other party is at fault. But technically speaking, the divorce petition for a no-fault divorce will list "insupportability" as the cause or fault.
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This is defined by statute as a marriage that cannot be supported because of "discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Other grounds include cruelty, adultery, conviction of a felony, abandonment, living apart the parties are legally separated , or confinement in a mental hospital.
Defenses to divorce in Texas are exceedingly rare, limited to situations where the court finds a "reasonable expectation of reconciliation.
When a Spouse Has Had an Affair: Will Adultery Affect the Outcome of a Texas Divorce?
Texas is one of the states that was under Spanish rule. As a result, it's a community property state.
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This means that all property acquired during the marriage is equally owned by both spouses and therefore it is equally divided in the event of a divorce. While the community property law is generally followed, Texas courts will order the division of property with regards to the rights of each party and any children of the marriage. There can be separate property in the marriage if it:.
What is the Law on Adultery in Texas?
See the table below for a helpful, plain language summary of divorce laws in Texas. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts including federal decisions , ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law s you are researching.
Divorce is rarely an easy undertaking and is usually quite stressful for both parties.
The best way to get peace of mind in a divorce proceeding is to work with an experienced attorney licensed in your state, who can manage the process and fight your interests. Get started now by contacting a Texas divorce attorney near you.
When a Cheating Spouse May Receive a Smaller Share of the Estate
It can also take longer to go through the divorce process if technology experts, private investigators and counselors are brought into the case. In Texas, if the adultery is alleged and proven, it can be taken into consideration in regard to a just and right division, and the cheating spouse may walk away with less when it comes to the property settlement.
Even when a couple chooses not to air their dirty laundry in public, the non-cheating spouse may still be able to use the affair as leverage and end up with more than 50 percent. An experienced family law attorney in Texas can help you weigh your options.
How Does Adultery Factor Into Your Texas Divorce?
Skip to content Aubrey M. Connatser, Pllc Dallas, Texas info connatserfamilylaw. According to Christine, adultery affects Texas divorces in three significant ways: 1.