Remarriage Adultery

Adultery is a serious matter for Texas families. While it isn’t automatic, adultery can have an impact on divorce proceedings and your case.

Remarriage Adultery

Adultery can impact a number of family law issues and is an important consideration in the divorce process.

You may have heard that adultery is not a valid reason to declare someone a non-custodial parent, but this is not true. Adultery can impact a number of family law issues and is an important consideration in the divorce process.

An example would be if one spouse had a one night stand with another person and became pregnant during the marriage, that could affect their ability to get custody of their children or visitation rights with them if they leave their husband/wife for the other person with whom they had sex outside of marriage.

A second example would be if there was domestic violence between couples who remarried after being divorced because one party committed adultery in order to get out from under an alimony obligation or child support obligation, but then promises never to commit adultery again once remarried; however, there are no guarantees that this will happen even though both parties have agreed on it beforehand just because it’s written into their prenuptial agreement (which should always be done!).

If a spouse commits adultery, what are the implications for the guilty party?

If a spouse commits adultery, what are the implications for the guilty party?

  • Adultery can be grounds for divorce. In order to obtain a divorce on the grounds of adultery, one must prove that their spouse committed adultery. This is usually done through the testimony of witnesses or by presenting physical evidence (such as DNA samples).
  • Adultery may also be grounds for a no-fault divorce. If one partner can prove that their spouse’s behavior has been so offensive as to make cohabitation impossible, then such conduct may be considered sufficient grounds for separation without further proof of wrongdoing.
  • The guilty party may have an impact on alimony and child custody issues in remarriage divorces if there are children from either marriage still involved in the relationship between exes at time of remarriage:
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If there are children from either previous marriage still involved in relationship with exes at time of remarriage: Courts will consider which parent is more likely to provide adequate housing/support based on income level and ability to meet current needs before awarding child support payments; this decision is typically made by considering what each parent earns per year as well as future earning potentials based on human capital development plans provided by both parents during discovery phase (wherein both parties produce documents containing relevant information about finances).

What if my spouse wants to argue that I’m guilty of adultery?

If you are accused of adultery, the court will consider any evidence presented. If you are found guilty, the court may order you to pay damages.

If my spouse has committed adultery, does it change anything about how our assets will be split in our divorce?

If you can prove your spouse committed adultery, then you may be able to get more of the marital assets.

If you can’t prove your spouse committed adultery, it may mean that you will get less of the marital assets.

Either way, adultery doesn’t change any of the other factors that are considered in a divorce — things like how long you’ve been together and whether or not there are children involved.

My spouse is threatening to ruin my reputation by telling the judge about the affair. Is there any way to keep this from coming up in court?

Adultery is a civil wrong and not a crime, but it can still come up in court. In Colorado, adultery is considered a ground for divorce. This means that if you want to get divorced, your spouse can use your affair as evidence against you in the divorce case. It’s also possible for your spouse to sue you for damages related to the affair (such as emotional distress).

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In other states, adultery may be illegal under state law or local ordinances (for example, if they’re based on religious beliefs). If that’s the case with an issue in your case—for example, it could have been illegal where your spouse lives—you should ask an attorney about whether it will affect how judges view your case. And even if adultery isn’t illegal where either of you lives now, it may not be something the judge wants brought up during trial anyway: He or she may think that bringing up details of your marriage makes him or her look bad too!

My spouse had an affair with a member of the opposite sex. Doesn’t that mean she’ll automatically get less custody?

You may be thinking that your spouse’s affair will automatically give you more custody. This is not true. A court will consider all aspects of the case, including both parents’ behavior and their ability to provide for the children. It is more likely that an affair will affect custody if the other parent is also a bad parent or has engaged in other negative behaviors, such as domestic violence or substance abuse.

I’m worried my child will be upset by learning about my spouse’s extramarital affair. Can we protect him from this information?

I’m worried my child will be upset by learning about my spouse’s extramarital affair. Can we protect him from this information?

Although it is understandable to want to protect your children, you should know that they are often more resilient and mature than you give them credit for. Children need to know the truth, even if they do not like it or understand why it happened. They also need to know that their parents still love them despite their mistakes, and that their actions were wrong. In addition, both parents must apologize for any hurt caused by their infidelity; this apology needs to be genuine and heartfelt in order for the child to accept it (otherwise he may feel manipulated).

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While it isn’t automatic, adultery can have an impact on divorce proceedings and your case.

If a spouse committed adultery during the marriage, it may have an impact on divorce proceedings and your case.

While adultery isn’t automatic, it can be considered when determining property division or alimony. It also can be considered in family law cases involving children—whether or not to grant sole custody of a child to one parent over another may depend on whether the other parent has engaged in extramarital affairs.

Needless to say, if you’ve been unfaithful during your marriage and want to avoid any negative consequences for this behavior later down the road (such as losing access to your children), it’s important that you seek legal assistance from an attorney who is experienced with these types of situations immediately after ending your marriage.

Conclusion

Adultery may be grounds for divorce, but it’s not the only factor in determining a divorce settlement. If you’re considering filing for divorce from your spouse, it’s important to have an attorney on your side who can help you navigate these complicated issues.

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