As a San Antonio divorce lawyer, I deal with divorce cases involving adultery on a daily basis. So, what is adultery, and how does it affect your divorce? First, adultery is defined as the voluntary sexual intercourse with a person who is not your spouse during the marriage. During the marriage includes the time period after separation, but before the divorce is entered. Adultery can be proved to the court by circumstantial evidence. It cannot be proved by innuendo or just a mere suspicion. If you prove that your spouse committed adultery, you can seek more than 50% of the estate. This means, that if you add up all the assets subject to division by a court, instead of taking half, you could argue that you deserve more than that, say a 55% or 65% award to you instead of just a 50/50.
You are not guaranteed more than 50%, but you can seek it. As a San Antonio divorce attorney, I rarely see HUGE variations from the 50/50 split. Each case is different. Therefore, the allegation of adultery should be discussed in depth with the San Antonio divorce attorney you hire, so he or she can asses how to deal with it in your divorce case. How much more you get depends on a variety of factors that the court can consider such as your acts that caused the marriage to dissolve, family violence, cruel treatment, or other bad acts you committed against your spouse who committed the adultery. Before encouraging my clients to include adultery as a grounds for divorce in their petition, I evaluate with each client how it could benefit them and if it is worth proving the adultery…considering the potential increase in attorneys fees, private investigator fees, or other expenses that may become involved to prove the adultery.
Adultery is not necessarily relevant to a custody battle. If you are a bad spouse, that doesn’t always mean that you are bad parent. Adultery can become relevant to a custody battle if it is affecting the child. Therefore, when I meet with my clients, as a San Antonio divorce lawyer, I examine all aspects of how it could be affecting the family, including the children.