Sadly, infidelity among spouses is a prevalent issue. The rise of technology has only exacerbated this problem by creating more opportunities for partners to be unfaithful. Affairs are a difficult thing for partners to face and reconcile and are one of the more common reasons for a marriage to fail. If you are intending to file for divorce from your spouse after infidelity, you may be wondering just how this can affect your case as well as how to move forward in your own life.
If you suspect that your spouse
has been unfaithful it is important that you do what you can to prove your
suspicions are correct. A judge will require clear indication that infidelity
has taken place in order to sustain your allegation. You can present direct
evidence such as photographs, or indirect evidence such as suspicious credit
card charges or text messages to prove that an affair has taken place. You should
work with your attorney to gather the evidence you need to prove that adultery
or infidelity actually occurred or that all signs point to a circumstantial
occurrence of this breach in the marital relationship. Depending on your
situation, your attorney may even advise the involvement of a private
investigator to obtain necessary evidence to support your case.
It is important that you gather
as much evidence as you legally can, and early on. But, know that if you break
the law to gather any evidence, such as hacking into your partners’ private
email account or cell phone, that evidence would be inadmissible in court, not
to mention the civil and criminal penalties that you could face for doing so. However,
if you legitimately have access to phone records, text messages, bank and
credit card statements, etc., such access will assist you in formulating a case
for a disproportionate division of your marital assets. Social media activity
is also useful to monitor or uncover any illicit activity of your spouse and
you should take complete screenshots of any questionable posts or interactions as
soon as you see them. While you cannot delete evidence when litigation is
contemplated, it is possible this information could no longer be available down
the road when you need it in a divorce proceeding.
Adultery as grounds for
divorce may change how shared property is distributed.
One of the most important reasons
a person might assert adultery as the basis for fault ground in breakup of the
marriage is because you may be able to convince a judge that your spouse’s
infidelity entitles you to a disproportionate share of the marital property. In
most cases, the court attempts to split shared property evenly; however, if
there is a fault you may be awarded more.
Simply proving your partner’s
affair does not automatically entitle you to a favorable settlement. You will
also need to demonstrate your emotional and financial injuries, including the
loss of benefits to you from the continuation of the marriage. A
disproportionate award of the marital estate in your favor is not designed as a
punishment for your spouse, however. If infidelity occurred, but you did not
suffer any loss, do not expect to gain a more favorable settlement. One of the
most common ways to demonstrate your loss following discovery of an
extra-marital affair is to show how your partner spent marital assets, bought
extravagant gifts, meals, and accommodations in furtherance of their
dalliances, as well as proving that they spent excessive time away from the you
or your family for this purpose. Of course, this places an even heavier burden
on the party asserting adultery as the basis for seeking a disproportionate
division to gather necessary evidence, which comes with additional costs such
as the emotional strain of these acts & circumstances being revealed to you.
Navigating an at-fault divorce is
difficult, but you do not have to face it alone. An experienced family law attorney
will work with you & strategize with you to ensure your case is presented
in the most favorable and logical manner.
If you are searching for someone
to represent you through your divorce, Jenkins & Kamin, LLP is prepared to
serve you. Jenkins & Kamin LLP is one of the most respected family law
firms in Texas. The firm is noted for its “team” approach by pairing skilled
attorneys, paralegals and other support staff to enhance each client’s experience
in difficult life transitions.
In addition to the “team”
approach, Jenkins & Kamin, LLP strives to personalize case strategies for
each individual client, including identification of every particular legal
issue and effective explanation of the law with respect to those issues. The firm endeavors to achieve a resolution
that is appropriate for each client, while aggressively advocating on their
behalf when necessary. Having a dedicated and experienced team working with you
in any family law matter is of utmost importance to achieve the best result
possible.
Jenkins & Kamin LLP
represents clients in the following aspects of family law practice: Marital
Property Agreements, Divorce, Complex Property Issues, Child Custody &
Visitation, Child Support, Parentage, Modifications, Family Law Appeals and
Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of
our offices in the greater Houston area.
