At the time of the Ashley Madison hack, the company—which makes a fortune by facilitating extramarital affairs—claimed to have over 30 million users worldwide. And last week, the hackers—whose identities have not been discovered—released those users’ names (along with street addresses, the amount of money spent on the site, and phone numbers).
Now, many people are searching the published information to discover whether or not their spouses were users of Ashley Madison. There is no question that the Ashley Madison hack will result in an increase in the number of petitions for divorce filed across the country. If you’ve been affected by Ashley Madison data dump, here’s a look at what you need to know about how adultery affects family law proceedings in Texas.
Adultery and Divorce
In Texas, a person seeking a divorce can pursue either a fault-based or a no-fault divorce. According to Texas Family Code Section 6.003, adultery is indeed grounds for divorce. The law reads, “The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.” Did your husband cheat using the Ashley Madison website? Here’s how to prove adultery in a Dallas divorce.
Determinations in Divorce and Adultery
Adultery won’t just affect a person’s ability to pursue a divorce; rather, it can also affect decisions made by a court during divorce proceedings too, such as alimony and property division.
To be sure, Texas Family Code Section 8.052 accurately reads that, “marital misconduct, including adultery…” will be a factor that’s considered when determining spousal maintenance (alimony) award.
While the law does not explicitly state that adultery will be considered when dividing property amongst divorcing spouses, the law does read that a court must make a determination that is “just and right.” As such, if a philandering ex spent joint monies in pursuing his or her affair, this may be taken into account by the court.
In regard to child custody and visitation, a court does not usually consider adultery in making a determination about either. However, if the adulterous spouse abandoned the child during the affair, then the abandonment will be considered.
Learn More from a Family Law Attorney
A divorce and family law attorney can provide you with more information about how adultery can affect your divorce proceedings and outcome. The Texas Divorce Lawyer can also advocate for your rights and help you to file for divorce or present a case for alimony or child custody.
To schedule a consultation to discuss the dissolution of your marriage today, contact The Texas Divorce Lawyer at 214-265-7630.