Spousal Support In Texas Adultery
Description
How to fill out Texas Motion For Order Of Contempt For Failure To Pay Spousal Maintenance?
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FAQ
There is no necessity to prove that sexual intercourse actually took place, but there must be evidence of an affair, such as text messages between your spouse and another person. Other proof, such as emails, photos, videos, phone records, bank or credit card statements are also accepted by the court.
When deciding how much alimony to award, the judge might consider an adultery claim and use it to determine whether to award spousal maintenance. In some cases, courts may deny alimony to the spouse that committed adultery and may also consider an adultery claim when the cheating spouse is asked to pay alimony.
Text messages that are sent by one spouse or another, and not from a third party, are not considered hearsay. This means they can be used in court for a divorce in Texas.
Adultery is not illegal in Texas. However, Texas courts consider marital misconduct during a divorce proceeding. Infidelity could factor in how the community estate is divided. The spurned spouse will likely raise fault grounds for divorce, including adultery, to win a more significant portion of the community estate.
So the bottom line is this: If you file for divorce in Texas based on your spouse's adultery, and you're able to prove that claim, it might have an effect on the amount and duration of maintenance that the judge awards to you or your spouse?but only if the circumstances in your case meet the strict requirements for any ...