One of the seven grounds for divorce in Texas is adultery, commonly referred to as cheating. And it is one of the most common grounds for divorce, causing distress amongst couples. The emotional shock of realizing your partner has been unfaithful can lead to severe complications and arguments within a marriage. When the affected spouse cannot recover from infidelity, filing for divorce with claims of adultery follows.
Quick Overview: Adultery
Definition of Adultery: Alleges that your spouse has been unfaithful in having voluntary sexual relations with another person.
According to the Texas Family Code- Section 6.003 ADULTERY: The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
However, in Texas, the spouse who claims adultery as his or her motive for divorce must be able to provide concrete, clear evidence that the claim is true. Otherwise, the claim is invalid. Providing evidence like bank statements with hotel, vacation or gift expenses, phone records, text messages, photos and any other sufficient evidence can help strengthen your claim. In providing sufficient proof, the judge will strongly consider how a spouse’s infidelity was the ultimate contribution to the demise of the marriage; therefore, deciding how to distribute assets, estate or child custody rights in the ruling.
End It With Civility: Hire an Attorney
In difficult times such as these, seeking a divorce attorney for legal guidance is the best alternative in resolving marital disputes and finalizing the divorce with civility. A family law attorney can help guide you in providing logical advice and recommendations to arrive at the best possible settlement. Preparing clear and concise documents is key to establishing an ironclad foundation for your claims.
Consult with a McAllen divorce attorney of Barrera, Sanchez & Assoc., P.C. for legal counsel concerning your divorce case at (956) 287-7555. Understanding you and your needs is our priority.