How Does Adultery Impact a Divorce Case?

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As we all know, adulterous relationships are a common end to marriages. But does adultery impact the overall outcome of divorce cases significantly? The answer varies state by state, but there are some aspects that are largely the same, throughout. You can find them below.

The Ways Adultery Impacts a Divorce

  • Assets – Believe it or not, adultery rarely has any substantial impact on the distribution of assets. The one notable exception is when the cheating spouse uses marital assets in conducting the affair.
  • Custody – Like assets, adultery is unlikely to change a judge’s determination regarding custody. A lesser exception here is if the adulterer has inappropriately conducted the affair in front of the children. Normally, a child benefit’s most from a healthy and close relationship with both parents, so the inappropriate acts would have to be extreme in measure.
  • “No fault” – Texas is a “no fault” divorce state, meaning you don’t need proof of infidelity to get a divorce. You can still, however, file the divorce based on adultery.
  • Property settlement and alimony – This is one area that adultery does have a noticeable influence on. Often, the cheating spouse’s guilt will sway the settlement towards the betrayed spouse.

When negotiating your divorce settlement, it is important not to sell yourself short, regardless of which side you’re on. It can be difficult to separate your emotions from what’s best for you and your children. By choosing an experienced divorce lawyer, you can systematically work through this painful situation to arrive at a settlement you’re satisfied with.

Julian, Crowder & Shuster is a firm of Texas divorce lawyers with expertise in handling divorce settlements, divorce mediation and other family law matter.



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