Adultery and Divorce: My husband/wife committed adultery | Divorce Attorney

But knowing what infidelity means in the context of a divorce is paramount to developing strategy and understanding what to expect in the divorce process. Here are a few navigation tips:. Many clients try to avoid the topic, even when they are the one being cheated on.

In my Texas divorce case, can I use my spouse's affair against them?

Your attorney needs to know—and from the outset. This ground simply means that the marriage is no longer endurable, insufferable and intolerable. To qualify under this it must be shown that the marriage has become so insupportable due to the conflict, that the conflict destroys the marriage.

Guide For What to Do If You Just Learned That He (or She) Cheated.

Further, that there is no reasonable expectation that the parties are getting back together. A court may grant a divorce without assigning fault to either party if they have been living apart for at least three years. Much like abandonment, the two parties cannot have cohabitated during that time. This ground applies when a spouse has been confined in a mental hospital for at least three years, and it appears that said the mental disorder is of such a degree and nature that either the spouse is not likely to adjust, or is likely to relapse.

With the adoption of no-fault divorces, the state of Texas abolished defenses for recrimination and adultery.

However, the state still continues to recognize condonation as a defense. Condonation is a defense to the fault grounds above and is the act of forgiving another party. To establish this, the court must find that there is a reasonable expectation of reconciliation requiring forgiveness by the offended party and repentance by the offender.


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Every divorce is unique. This is why it is vital for everyone filing for divorce in Texas to seek help from a qualified family law attorney. No matter what the grounds for divorce, The Carlson Law Firm understands that this is a difficult situation.

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This is why we are here to help. Our attorneys have been protecting the rights of families across Central Texas since Contact us today for a free, no-obligation consultation. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.

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Affairs Happen (ahem … Ashley Madison), 3 Ways Cheating Affects Texas Divorces

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    We'll assume you're ok with this, but you can opt-out if you wish. Accept Read More. Waco Dr. These factors may include:. For example, if you engaged in an affair that embarrassed the child in some way or that otherwise indicates that you were putting your own needs and desires above the needs of the child, this can be used as evidence against your fitness as a parent. Further, if you are cohabitating with a significant other during the divorce process or during a custody dispute, the court will also look at whether this impacts the stability of your home and will consider the relationship of the child with the person whom you are living with.