What is Actionable Misbehavior in a Divorce in Texas?

 Posted on March 26, 2024 in Divorce

Marriage is a sacred bond between two people, but sometimes, misbehavior within the marriage can lead to legal consequences. In Texas, certain actions or behaviors by a spouse may be considered actionable misbehavior, giving rise to legal remedies such as divorce. Understanding what constitutes actionable misbehavior in Texas is important for those wondering whether certain types of behavior will affect the outcome of a divorce. Discuss with a trained attorney to ensure you understand your rights and responsibilities as you move through the process of ending your marriage.

At Daniel R. Bacalis, P.C., Attorney Bacalis has a proven track record of successfully guiding clients through all types of divorce cases, whether complex or straightforward. As a Board Certified Family Law Specialist, clients can trust that when they hire Attorney Bacalis, they will receive the most client-oriented legal representation available from a highly skilled attorney.

What is Actionable Misbehavior in Marriage? 

“Actionable misbehavior in marriage” refers to behaviors or actions by a spouse deemed significant enough to give rise to legal consequences. In Texas, certain actions by a spouse may be considered grounds for divorce or other legal actions, depending on the severity and impact of the behavior. 

Adultery and Infidelity in Actionable Misbehavior Divorce Cases 

One common form of actionable misbehavior in marriage in Texas is adultery or infidelity. While Texas does allow for no-fault divorces, engaging in an extramarital affair can be grounds for divorce as it is considered a breach of the marital contract and can lead to irreparable damage to the relationship.

Domestic Violence and Abuse in Actionable Misbehavior Divorce Cases 

In Texas, domestic violence and abuse are very serious forms of actionable behavior. Physical, emotional, or psychological abuse by a spouse can have severe legal consequences, including protective orders, divorce, or even criminal charges. 

Financial Misconduct in Actionable Misbehavior Divorce Cases

Financial fraud, hiding assets, or excessive spending or wasting money to support a gambling or drug addiction may also be counted as actionable behavior in a Texas divorce. This kind of behavior can impact the financial stability of the marriage and may lead to legal action, including division of assets in divorce proceedings. 

Contact Our Hurst, TX Divorce Attorney

Demonstrating that your spouse engaged in actionable misconduct can make an enormous difference and give you an advantage in divorce proceedings. For example, if actionable misbehavior is deemed to have occurred, the spouse who was wronged may be able to acquire over 50 percent of community property. Whether you are accusing your soon-to-be ex-spouse of actionable behavior or they are accusing you, the skilled Tarrant County, TX divorce lawyer with Daniel R. Bacalis, P.C. can help. Call 817-498-4105 for a free consultation.