Infidelity can be one of the most challenging aspects of a divorce. It often brings feelings of betrayal, anger, and sadness, and navigating the legal process can feel overwhelming. At Lovett Law Firm, we understand the emotional toll infidelity can take, and we’re here to guide you through the divorce process with compassion and expertise. Here’s what you need to know about handling infidelity in a divorce case in El Paso County.
Texas Is a No-Fault Divorce State
One of the first things to understand is that Texas is a no-fault divorce state. This means that you don’t have to prove infidelity or any other specific wrongdoing to file for divorce. Simply stating that the marriage is “insupportable” due to conflict or discord is enough. However, infidelity can still play a role in certain aspects of the divorce process, particularly when it comes to property division and spousal support.
How Infidelity Impacts Property Division
In Texas, community property laws dictate that marital assets are divided equitably during a divorce. While this doesn’t always mean a 50/50 split, the court considers various factors when determining a fair division. If one spouse’s infidelity led to a significant financial impact—such as spending marital funds on an affair—the court may award a larger portion of the assets to the other spouse.
For example, if marital money was used to pay for gifts, vacations, or other expenses related to the affair, this could be considered a misuse of community funds. In these cases, it’s essential to gather evidence of such expenditures to present to the court.
Infidelity and Spousal Support
Texas courts rarely award spousal maintenance (commonly referred to as alimony), but infidelity can sometimes influence this decision. While spousal maintenance is primarily based on financial need and the ability to provide for oneself, courts may also consider “fault” grounds like adultery when determining whether to award support. If you’re seeking spousal maintenance, evidence of infidelity could strengthen your case.
Gathering Evidence of Infidelity
If infidelity is a factor in your divorce, gathering evidence can be crucial. Documentation such as text messages, emails, credit card statements, or social media posts can help establish a pattern of behavior and its financial impact. However, it’s important to obtain this information legally. Illegally accessing someone’s private accounts or devices can lead to legal repercussions and harm your case. Always consult with your attorney about the best way to gather and present evidence.
Protecting Your Emotional Well-Being
Dealing with infidelity in a divorce can be emotionally draining. It’s important to prioritize your mental health during this time. Consider working with a therapist or counselor who can help you process your emotions and develop healthy coping strategies. Surround yourself with a strong support system of family and friends who can provide encouragement and understanding.
Choosing the Right Attorney
When infidelity is a factor in your divorce, having an experienced attorney by your side is essential. At Lovett Law Firm, we’re committed to helping you navigate the complexities of your case while advocating for your rights and interests. We’ll work with you to develop a clear strategy tailored to your unique circumstances, ensuring that you’re equipped to make informed decisions every step of the way.
Moving Forward
While infidelity can add an extra layer of difficulty to a divorce, it doesn’t have to define the outcome of your case. By understanding your rights and working with a skilled attorney, you can move forward with confidence and start the next chapter of your life on solid ground.
If you’re dealing with infidelity in your divorce, contact Lovett Law Firm today. Our compassionate team is here to provide the guidance and support you need during this challenging time. Schedule a consultation to learn more about your options and how we can help you achieve the best possible outcome.