If I had an affair with a woman going through divorce, am I liable in any way?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I had an affair with a woman going through divorce, am I liable in any way?

Can I get dragged into their divorce case?

Asked on October 31, 2011 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Texas is a no-fault divorce state, which means that the parties do not have to list a reason for the divorce only the generic reason that "the marriage has become insupportable."  Some states, which are fault divorce states, do require the parties to allege or prove a reason for the granting of the divorce or for certain divisions of property.  Which that said, there should(emphasis on should) be no reason for you to be drug into the divorce case since fault is not an issue.  You cannot be drug into the divorce as a third party-- so if you are concerned about personal liability for causing the divorce, you are off the hook in that respect.  However, you may be drug into the divorce in other ways.  If one spouse is alleging that the affair somehow impacted the marital estate, the emotional or financial stability of the other spouse, or emotional trauma to the children, then they may want to prove that the affair happened as part of their argument for certain custody arrangements, a greater share of the marital estate, or marital support.  You could be called to court to testify regarding the details of the affair.  Unfortunately, despite Texas's "no-fault" approach to divorces, many do get ugly and matters like these are frequently aired in public courtrooms.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption