Dallas Family Attorneys | Dallas Divorce Attorneys
Dallas Texas Adultery Information
Texas Adultery & Divorce Information Adultery -
Affair -
Extramarital Relationship Adultery, affair, extramarital relationship. Many of our clients are faced with this difficult issue during their divorce. This page is dedicated to helping you understand the legal ramifications and remedies of adultery or adulterous affairs connected with divorce.
Divorce and Adultery in Texas FACTS
Fact: According to Texas law, adultery is a a cause and basis for divorce in Texas.
Fact: Adultery is not an illegal crime against the laws in Texas. Jail is not given as punishment for adultery.
Fact: Adultery is an act of betrayal against a spouse. As such, it causes hurt, pain
and anger. Anger can cause the innocent spouse to inflict
pain upon the adulterer in the divorce proceedings.
Fact: Each Court's approach to adultery is completely different depending upon the
temperament of the judge, and the county where the divorce is proceeding.
Here's two possible scenarios using the names of fictitious judges. Judge Apple
Judge Apple does not care about an adultery issue because that which caused the adultery
also caused the divorce. In other words, these people were not getting along (discord and
conflict within the marriage) causes both adultery (one spouse seeks the companionship of
another) and divorce (one spouse seeks out a lawyer).
Judge Ball
Judge Ball hates adulterers, hates what it does to a marriage, and will immediately remove
a child from the adulterer without further ado.
Judge Candy
Judge Candy takes a middle ground approach. She wants to know what the status of the
marriage was prior to the adultery, whether the parties were separated (separate homes or
bedrooms), and whether the adultery is the cause of the breakup of the marriage. If the
adultery occurred sometime after separation, or during the divorce, she will not give much
weight to it. If the adultery is the cause of the divorce, in other words the parties were
happily married and had great plans prior to entry of the outside party, then she will
attribute fault and rule in accordance.
In our experience, most judges fall into the Judge Candy category. That is, if marital discord
and conflict was the status quo prior to the affair, then not a whole lot of weight will be
given to it - especially, if the parties are separated and living apart prior to initiation of
divorce proceedings. If all was well with the marriage but the adultery caused the marital
discord and conflict, the judge will give great weight to it. They will protect the innocent
spouse.
Children and an Adulterous Parent If in a custody case where adultery is an issue, you
are in jeopardy. Bringing a nonmarital partner into the lives of the children such
that they know and are aware that one parent and a third party are lovers is to risk possession and custody of the children. If you have a third party relationship,
don't bring that person into the children's lives until your relationship is well established and
the divorce is concluded.
Adultery Offense and Defense in a Divorce Innocent Spouse: Get all the information that you can from e-mails, correspondence, credit
card statements, long-distance bills, mobile phone, and voice mail. Be aware of criminal
penalties associated with Wiretapping, including unlawful interception of e-mail, and breach
of computer security. Clear here for more information.
Adulterer Spouse: Protect your communications. Spouses will get passwords, will view
accounts electronically, will find out all that they need to know. Don't be stupid. Don't
assume anything. See above and below.
1) E-Mails. If you are an innocent spouse, get all the e-mails (print them out) that you
can between your spouse and the paramour. Conversely, if you are the adulterer, change email
accounts immediately. Your spouse will find them. Furthermore, do not save e-mails on
the hard-drive of your work or personal PC. They can and will be subpoenaed. Case in point,
spouse knew social security number and credit card number, she was able to con America
Online into providing her the password to husbands account.
2) Voice Mail. If you are the innocent spouse, save and record all voice mail between the
lovers. Do not intercept electronic communications. Conversely, if you are the adulterer do
not leave voice messages. Spouse will find them.
3) Credit Card Statements. If you are the innocent spouse, examine and obtain all credit
card statements. Look for gift items (Victoria's Secrete), motel rooms, travel, and floral
shops. One spouse sends to the paramour the "I love you more than anything" message
with roses. Spouse got a copy, had it, used it. Conversely, if you are the innocent spouse,
don't use the credit cards including company credit cards to make purchases for the girl or
boyfriend.
We hope the information provided here is helpful. Please call our office with any questions you may have. Unless otherwise indicated, attorneys listed in this site are not certified by the Texas Board of Legal Specialization. This web site is designed for general information only. The information at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
FULLY LICENSED BY THE TEXAS SUPREME COURT
Admitted to the US Federal Courts, Northern District of TX
Not Certified by the Texas Board of Legal Specialization
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