Grounds for Disproportionate Award Divorce Settlements in Texas Divorces

 Posted on April 29, 2014 in Divorce

Although Texas does allow for no-fault divorces, the Texas Family Code also allows for fault ground divorces. One of those grounds is adultery. In TFC  6.003, adultery in a divorce proceeding is defined as "voluntary sexual intercourse of a married person with one not the husband or wife of the offender". It's important to note even after the parties have separated and divorce has been filed, any acts would still legally be considered adultery.

Accusations of adultery are not enough to bring to court. You must provide solid evidence of the adultery. Text messages, emails, receipts, photos and any other evidence should be gathered and presented to the court. Adultery is also grounds for a judge to award a disproportionate award of the marital estate. TFC 7.001  states, "In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage." In a recent case that occurred in The Woodlands, an appeals court awarded the wife 81 percent of the marital estate after she proved that her husband had committed adultery. The couple decided to separate in March and the wife moved out of the marital home. The wife had hoped to reconcile and suggested counseling, which the husband refused. In June, she suspected he was having an affair, but really had no evidence at this point. The wife filed for divorce in August. In September, after finding another woman's underthings in the master bedroom of the marital home, the woman hired an investigator to gather proof of the husband's infidelity. Although the wife had already moved out and filed for divorce before she was able to obtain evidence that her husband was cheating, the court ruled that the husband was at fault for the breakup of the marriage.  The marital estate was worth $1.6 million. The wife received over $1.3 million and the husband received a little over $300,000. If you have discovered your spouse has been cheating and you are considering a divorce, contact an experience Austin family law attorney to make sure you receive the divorce settlement that you deserve.