Amending Divorce Filing If Adultery Committed After Separation

Houston divorce lawyerQuestion:

My soon-to-be-ex-wife is in an intimate relationship that I recently discovered after our separation date and when the divorce was filed, but there has not yet been a final divorce decree issued.

Since we are still married I believe this to be adultery.

Is adultery committed after separation grounds for me to amend the divorce filing to allege fault and possibly receive a reduction in child support payments ordered?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas divorce laws where I am licensed to practice.

Acts of adultery committed after separation can support a judgment for divorce, at least under my state’s divorce laws. Therefore, if you have not done so already you may file a counter petition for divorce.

This counter petition can allege grounds for divorce as adultery and insupportability, or whatever grounds for relief that may apply to your suit. If you have previously filed a counter petition then you may amend your counter petition to include adultery as a ground for divorce.

Filing a counter petition alleging adultery as a ground for divorce may support a request for a disproportionate share of the marital property in your favor, according to my state’s laws. Adultery does not result in any reduction in child support as child support deals with the parent-child relation aspect of the divorce.

Keep in mind that a party may respond to pleadings on file by filing such pleas with the clerk at such time as not to operate as a surprise to the opposite party, provided that such pleadings are filed within seven days of the date of trial or as determined by a scheduling order, if applicable.

Therefore, I would suggest that you file your pleading as soon as possible to make sure your pleading is timely and will not operate as a surprise to the opposite party.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Texas Divorce Lawyer Ijeoma A. Ugoezi, contact Cordell & Cordell.

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