Protecting What Matters Most
by James Evans - May 10th, 2023
Marital misconduct comes in a number of forms. Most often, it is equated with adultery, but that is not always the case. If you are accused of marital misconduct, you should speak to a family law attorney immediately, as it can have a destructive impact on the outcome of your divorce.
Texas defines marital misconduct as behavior violating the expectations and obligations that marital relationships should be able to count upon. These violations of trust and harmful behavior are listed below:
Whether the divorce is a no-fault or fault-based can hinge on whether marital misconduct occurred.
Spousal support, also known as alimony, is not guaranteed in Texas. But, marital misconduct may have some bearing on whether it is awarded and how that sum is determined.
When assets are divided, marital misconduct can also have an impact. If evidence has been presented of one partner’s egregious behavior, the court may consider it when determining how to divide the couple’s assets. Depending on the marital misconduct, the partner who committed the offenses to the marriage may be awarded less than the partner who held up their end of the marital agreement.
If safety due to the marital misconduct is not a factor, child custody, and child support are not awarded or adjusted due to not living up to the expectations of a marriage. The court believes that being a bad marital partner does not mean that person is a bad parent.
If you are the victim of marital misconduct or if you are being accused of marital misconduct, contact Evans Family Law Group today. Our team is ready to review your case and advise you on how best to handle the allegations. Our aggressive yet compassionate attorneys understand the difficulties you may be facing and are on your side from day one. Contact us today so that we can arrange a consultation and determine how we can best advocate for you.
Our Austin family law attorneys handle a wide range of matters, including divorce, child custody, child support, spousal support (alimony), property division, prenuptial and postnuptial agreements, adoption, and modifications of court orders. Whether your case is straightforward or highly contested, our team provides personalized legal guidance to protect your rights and your family’s future.
The timeline for a divorce varies depending on the complexity of the case and whether it’s contested or uncontested. Texas law requires a 60-day waiting period after filing before a divorce can be finalized, but contested cases involving disputes over property, custody, or support can take several months or even longer to resolve.
An uncontested divorce occurs when both spouses agree on all major issues, such as property division, custody, and support. These cases are generally faster and less expensive.
A contested divorce, on the other hand, involves disagreements that require negotiation, mediation, or a court decision. Our attorneys are experienced in both types of cases and can guide you through either process efficiently.
In Texas, the court’s primary concern is always the best interest of the child. Factors considered include each parent’s ability to provide for the child, the stability of each home environment, the child’s relationship with each parent, and, in some cases, the child’s preferences. Our Austin family lawyers work hard to protect your parental rights and achieve an arrangement that supports your child’s well-being.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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