My spouse moved out of our marital home, leased another residence, and has moved into that residence with a paramour. I have filed for divorce and have been told my spouse is seeking half of my pension , half of the equity in our marital home, etc. My spouse earns a 6 figure salary; we have no joint investments or debt, and I have paid all household bills for the last 20 years. Considering that my spouse committed adultery, abandoned our marital home, and is living with a lover, what are my rights with respect to a division of our marital property?
Texas calls its system of marital property a “community property” system. Community property, under a classic definition, is divided equally, without regard to fault. Texas, however, in addition to allowing “no-fault” divorce, also allows “fault-based” divorce. One ground of a fault-based divorce is adultery.
You will need the advice of a competent and practical attorney to decide how to proceed. Sometimes asserting all of your legal rights is the best way to go; however, more often, a reasoned, cost-benefit approach will be better. Be wary of any attorney who encourages you to act on your emotions, rather than your intellect.
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Lapin Law Offices, P.C.
5001 Spring Valley Road, Suite 400 East
Post Office Box 802401
Dallas, Texas 75380
Disclaimer: The information contained in this publication is provided by Lapin Law Offices, P.C., for informational purposes only and, shall not constitute legal advice or create an attorney-client relationship. The laws and interpretation of laws discussed herein may not accurately reflect the law in the reader’s jurisdiction. Do not rely on the information contained in this publication for any purpose. If you have a specific legal question, please consult with an attorney in your jurisdiction who is competent to assist you.