Adultery and Divorce
Discovering that your spouse is having an affair can be a shock that seems to turn your entire world on end. Many spouses who find that their partners have cheated will immediately seek a divorce to protect themselves and their children. Understandably, a divorce involving a cheating spouse can be very emotional and can lead to intense arguing and fighting between the couple. If you are seeking a divorce because your spouse has cheated on you, consider contacting a divorce lawyer immediately.
The Austin divorce lawyers Slater, Kennon & Pugh Ltd.LLP understand how disorienting and overwhelming a divorce can be and will work with you personally to determine the best course of legal action for your situation. Contact us today at 512-472-2431.
Adultery and the Law
Under Texas law, adultery is not illegal, meaning that one spouse cannot be sent to jail for cheating on the other. Adultery is, however, grounds for divorce in Texas. If you have evidence that your spouse has been cheating, you may be granted a fault-based divorce. Evidence is usually provided in the form of photographs, letters, emails, and voice mails. For a fault-based divorce, it is important to acquire any evidence you can of the adultery. However, be aware that hacking into email and wiretapping phones are illegal activities that could lead to criminal charges.
If the judge determines that you have a strong enough case to prove that the adultery occurred, he or she may grant you more than 50% of the marital property in divorce. When deciding how to divide assets among the couple, many judges will consider how the adultery itself affected the relationship. If the marriage was already rocky when the cheating began, a judge may not give it much weight. If, however, the marriage was going well until one spouse committed adultery, the judge will likely give it much more consideration in the ruling. This could dramatically decrease the percentage of marital assets given to the adulterous spouse and could also affect the judge’s decision on child custody, child support, and alimony.
Contact Us
If your spouse has cheated on you and you are considering divorce, contact an experienced divorce attorney for the sound legal advice and assistance you need. The Austin divorce lawyers of Slater, Kennon & Pugh Ltd.LLP can answer any questions you have regarding divorce and can help protect your interests in court. Contact us today at 512-472-2431.