Start Your Divorce Today - Premium Divorce Online


State Specific Community Forums >> Texas Issues

Jump to first unread post. Pages: 1
friendof
recently joined


Reged: 09/03/05
Posts: 2
Time limit to use adultry in divorce?
      #30107 - 09/03/05 10:25 PM

Does anyone know if there is a time limit in which one person can use adultery to gain the upper hand in divorce? My friend was told it was not admissible since it had been over 6 months since the affair. I can't find anything about this on the internet. Anyone else heard of this law?

Post Extras: Print Post   Remind Me!   Notify Moderator  
Cinder2
Carpal \'Tunnel
**

Reged: 06/02/05
Posts: 4361
Loc: Southern California
Re: Time limit to use adultry in divorce? [Re: friendof]
      #30178 - 09/04/05 03:12 PM

I think maybe what the theory here is that if the adultery was a year ago, why are you filing for divorce now? If the adultery was the grounds, then you would file soon after finding out, right? Does that make sense? I will search around for you and see what I can find.

Cinder


Post Extras: Print Post   Remind Me!   Notify Moderator  
friendof
recently joined


Reged: 09/03/05
Posts: 2
Re: Time limit to use adultry in divorce? [Re: Cinder2]
      #30323 - 09/05/05 04:26 PM

Thanks Cinder. The deal is that she had an affair over a year ago and they've have been problems ever since. Then he had an affair and filed for divorce. It's getting pretty nasty and she is threatening to use the affair to gain the upper hand...even though she had an affair over a year ago. Either way, I'm just trying to find out if one cancels out the other. But if there is a time limit on bringing it up, then she will be able to use his affair, but he will not be able to counter with hers. It's a mess.

Post Extras: Print Post   Remind Me!   Notify Moderator  
Cinder2
Carpal \'Tunnel
**

Reged: 06/02/05
Posts: 4361
Loc: Southern California
Re: Time limit to use adultry in divorce? [Re: friendof]
      #30325 - 09/05/05 04:34 PM

I didn't find information that was only pertaining to Texas, but some other states have very detailed guidelines on filing with adultery and I would assume that the laws are kind of similar. Most of the states said that adultery would not count if the two people had attempted to reconcile since the adultery took place. Almost every state said that it's a complete mess of a way to try and file for a divorce on these grounds and almost never worth the financial reward.

There is no time limit stated in the Texas Family Code, so whatever "limit" is used by the court would be more of a preference with the judges rather than what the law actually says.

Here's the thing, too. Does either of them have actual proof of an affair taking place? Other than he said/she said? The court is not going to just believe one persons word over the other. Pictures/video/e-mail/letters or affadavits from private investigators is what they are going to want.

Cinder


Post Extras: Print Post   Remind Me!   Notify Moderator  
Pages: 1



Extra information
0 registered and 0 anonymous users are browsing this forum.

Moderator:  dsAdmin 

Print Topic

Forum Permissions
      You cannot start new topics
      You cannot reply to topics
      HTML is disabled
      UBBCode is disabled

Rating:
Topic views: 5510

Rate this topic

Jump to

Contact Us Divorce Source Home

*
UBB.threads™ 6.5.1.1


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: