Texas law 1 allows you to file for divorce and claim no fault on the part of either spouse. However, you also have the option to file for divorce and cite certain misconduct on the part of your spouse, including adultery, cruelty, conviction of a felony, and more. Choosing to cite misconduct in your divorce filing can complicate your case as the law requires that you provide evidence to support your claims. For example, instead of just alleging that your spouse had an affair, you must have evidence that the affair occurred. As you can imagine, this can get extremely personal and can increase the time and cost needed to obtain a divorce. For this reason, you should carefully weigh whether you want to file a no-fault or fault-based divorce petition with an experienced Texas divorce attorney.
Even if you choose to file for no-fault divorce, marital misconduct can still play a role in how various issues in your divorce are settled in the following ways.
Property division – If your spouse’s misconduct has affected the financial situation of your household, it may mean a more favorable property division result for you. For example, if your spouse spent marital funds to pay for gifts, hotel rooms, or trips with another person, you can be entitled to a greater portion of marital property to make up for your losses.
Child custody – While an affair will not automatically limit your spouse’s custody rights, certain conduct can affect these determinations. If your spouse has a constant stream of partners in and out of their home, you can argue that it is not in the best interests of the child to be in that situation.
Alimony – If you qualify for alimony under Texas law,2 the court can consider misconduct on the part of your spouse to determine how much alimony you should receive and for how long. On the other hand, if your spouse is requesting alimony, a court can consider their misconduct when deciding whether to grant that request.
Contact a Sugar Land, TX Divorce Attorney to Discuss Your Case Today
If you believe your spouse has engaged in marital misconduct, it can complicate your divorce case. Please call our skilled and experienced Sugar Land divorce lawyer at The Vendt Law Firm, P.L.L.C. for help today at 832-276-9474.