Penalties for Marital Misconduct in Texas

 Posted on December 24, 2024 in Divorce

Texas recognizes "no-fault" divorce, which means that spouses looking to end their marriage do not have to cite any reason for blame beyond irreconcilable differences. However, Texas also recognizes fault-based divorce. In cases of fault-based divorce, one spouse may cite the other spouse’s misconduct for the collapse of the marriage, which can have real implications when the divorce goes to trial or negotiations.

Whether you want to prove marital misconduct in a divorce or defend against allegations of misconduct, a Hurst, TX family law attorney can be of invaluable assistance. Daniel R. Bacalis, P.C. has over 40 years of experience in family law and is widely recognized as a leader in the field. When you work with our firm, you will receive representation and counsel from a level-headed professional who will pursue a fair settlement for you.

Asset Division

When a divorce goes to trial in Texas, the judge will divide up your marital assets according to what is "just and right" per state law. Under that principle, a judge may consider the following factors when splitting up marital property between you and your spouse:

• Present and future earning potential

• Physical health

• Education

• The needs of both parties

• Child custody

• Debts and who is responsible for acquiring them

Marital misconduct like cruelty and cheating could also be factored into asset division, but it is not the sole determinant of how property will be allocated in a divorce. If you can establish grounds for fault in your divorce, you may get a larger share of assets.

Alimony

Spousal support, or alimony, is less commonly awarded for divorces in Texas, usually for marriages lasting ten years or more. However, marital misconduct can still play a role in whether or not spousal support will be awarded, and, if so, how much payments will be. If you have suffered family violence at the hands of your spouse, you may be entitled to alimony payments. On the other hand, if your spouse is entitled to alimony but was found to be at fault for the divorce, a judge may reduce the amount of financial support he or she receives.

Child Custody

Marital misconduct – ie, behavior strictly between the spouses like infidelity – does not directly affect child custody in Texas, but a judge will award custody according to the best interest of the child. "Best interests" account for several factors, such as:

• What the child wants

• The child’s needs

• The capacity of both parents to provide for the child

• The capacity of both parents to foster a stable environment for the child

• How conflict between the parents affects the child

Although you or your spouse cannot be denied custody solely because of marital misconduct, there may be significant overlap between grounds for fault and the judge’s decision regarding sole or joint custody. For instance, if your spouse has a history of violence or cruelty, he or she is less likely to receive sole custody.

Meet With a Hurst, TX Family Law Attorney Today

Proof of marital misconduct can have far-reaching consequences for a divorce in Texas. If you are going to trial in a fault-based divorce, a Tarrant County, TX divorce lawyer at Daniel R. Bacalis, P.C. can provide you with skilled advocacy and counsel from start to finish. Contact our office at 817-498-4105 for a free consultation.