Is having a relationship after filing for divorce but before it is final grounds for infidelity?

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Is having a relationship after filing for divorce but before it is final grounds for infidelity?

My friend is going through a divorce. He has had relationships since the split and the filing of the papers but was faithful throughout the marriage. He is about a week away from his final hearing. If his soon to be ex-wife found out about 1 of these relationships could she use it in the divorce trial? There is no written proof of theses relationships but just hearsay. Can she still try to take whatever she wants in the final decree?

Asked on June 9, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Texas is a Community Property State as you know, meaning that the division of property is generally divided equally amongst the spouses.  However, a court can indeed decide to award property unequally - for lack of a better word - in the divorce by considering certain factors.  These include who was at fault in breaking up the marriage, earning capacities and education of the parties, the parties’ ages and health, any special needs of the children or the separate property owned by either spouse.  If the marriage here broke up before he had any extra marital relationships and he can prove that then he should not have any issues with property distribution.  I would, though, consult with an attorney.  Good luck. 


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