Adultery occurs when one spouse has a sexual relationship with someone outside of the marriage. When an individual wants a divorce for this reason, extra language is added to the divorce petition that alleges adultery. If one party completely leaves the relationship by denying support and not returning to the marital household, those are additional grounds for divorce on the basis of abandonment.
If you are currently going through a divorce or wish to discuss your situation, reach out to an experienced family lawyer today. A Tarrant Count adultery divorce lawyer could advise you about your legal options and work towards a favorable agreement.
How Adultery Affects the Divorce Process
When adultery is alleged, the party accusing the other of adultery usually seeks a disproportionate division of the assets. Once the party establishes that the adultery occurred, they are able to request more from the community estate. The courts usually want more information regarding the act of adultery, with evidence to support the claim. Once the court has the evidence, they use it to determine the division of assets.
The amount of proof needed to proceed with an adultery divorce in Tarrant County depends on the judge and the circumstances of the case. It takes more evidence than one party claiming adultery, especially if the other party denies it. Testimony, photos, emails, and texts in support of the claim of adultery are usually enough to proceed with an adultery divorce.
Impact of Infidelity on Child Custody
Unless a child was present when the parties engaged in the affair, adultery does not have a significant impact on child custody. The court looks at the issues of the marital relationship and not of the parent-child relationship and strives to support the bond of the parents with the child. However, there could be exceptions if the child was somehow involved in the extramarital relationship or was privy to it during the marriage.
How Adultery Affects Mediation, Arbitration, and Litigation
Evidence of the adultery may come into play during mediation, but it is not the primary focus. It is less likely that the evidence will be fully considered because the goal of mediation is to reach an agreement. The mediator tries to help the parties reach a resolution themselves.
In arbitration and litigation, a third party determines the outcome for the couple instead of them trying to reach an agreement. The evidence to support adultery becomes more important because each person gives their version of the events and the reasons they deserve more than the other party. In arbitration, they go before an arbitrator who listens to both sides of the evidence and the arbitrator makes a decision which is final. In litigation, a judge or a jury makes the determination on the division of the community estate and child support and custody issues after evidence is presented.
Contact a Tarrant County Divorce Attorney Today
If you are seeking divorce due to infidelity, you could benefit from retaining experienced legal representation. With a Tarrant County adultery divorce lawyer by your side, you could fight for a favorable divorce arrangement. Call today to schedule a consultation.