HOW DOES INFIDELITY AFFECT THE DIVORCE PROCESS

Alimony
Texas judges may consider one party’s infidelity when awarding alimony to the other party. One spouse’s indiscretion, whether the parties are living apart or not, can be used to influence the nature, amount, duration, and manner of alimony payments to the other spouse. In short, if you committed adultery a judge could legally award your spouse alimony because of your non-marital sexual relations.

Division of Assets
Until the ink is dry, all assets are considered community property. So, any money spent to woo another could negatively impact the amount the judge decides you’re due. A judge can also decide it just isn’t right for a cheating spouse to get half of the assets and instead award the other spouse more.

Custody
A child’s best interest and safety are always top priority in custody hearings. If you introduced a new partner who in any way put your child in danger, you could be jeopardizing your custody or visitation rights. Moreover, if you are so involved in your new relationship that your parenting and decision-making is affecting your child, this might also hurt your position in custody and visitation discussions.

Bottom Line
Save the dating for after your divorce is final, even if you are living separately from your spouse. Remember, you are married until the divorce orders are signed by a judge.

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