W. Tyler Moore, PC

Is adultery a property divisionissue in Texas divorces?

Is adultery a property division issue in Texas divorces?  Adultery may be the reason for a divorce in Texas if the spouses cannot reconcile their differences.  As a practical matter, adultery is one of the factors a judge may consider in making a disproportionate division of the marital estate along with a variety of other factors such as disproportionate earning capacity of the spouses, the respective needs of the spouses, and other factors.  It is a fact that the issue of adultery may be considered by cynical lawyers and judges as a question of the chicken or the egg. In other words, judges may not consider adultery as a key issue unless the children are exposed to the paramour.  That being said, it's good to have ammunition such as proof of adultery if it exists.

If adultery is an issue in your divorce, tell your attorney early in the case so there will be no surprises at a later date.  Talk to W. Tyler Moore at [email protected], 713-929-2242

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