Can you sue another woman for destroying your marriage?

Being in a circumstance where your spouse has been unfaithful is a frustrating and sad situation. A long marriage and multiple children means that your spouse has jeopardized the entirety of both of your lives. What started as emotional distance has now become a disinterest in family life altogether. It used to be that the two of you had every dinner together as a family. Now he is coming home late from work and missing family events. You are at the point where you wonder about another woman destroying your marriage. It is natural for you to wonder the cause of this sudden disinterest in family life.

As you investigate the situation more it becomes apparent that your husband is cheating on you. Looking through social media we discover that what started as a workplace friendship has led to a romantic relationship between your husband and a coworker of his. You are devastated. Unable to stand the sight of your husband right now you decide to move out. Among other questions you have is whether you can sue another woman for destroying your marriage.

Today’s blog post from the Law Office of Bryan Fagan will discuss this subject in detail. Not only are you emotionally fragile now but you understandably have questions about the circumstance you find yourself in currently. You know that divorce is an option. However, you are not sure about suing another woman for destroying your marriage. Is it right to do this? Is it even possible to do this in Texas? These questions and more will be answered in today’s blog post.

Can you sue another woman for alienation of affection?

It used to be that you could sue a woman for alienation of affection. In this situation, you could file a lawsuit against the third party who played a role in the end of your marriage. However, now that is not a lawsuit that can be filed any longer. You are not able to sue the Paramore or significant other of your spouse for alienation of affection. As a result, we need to shift our discussion in today’s blog post. Even though there is no longer a lawsuit for alienation of affection there are directions for you to take your case concerning this subject.

Specifically, an experienced family law attorney with the Law Office of Bryan Fagan is well-suited to help you. We know what it takes to help a person facing a difficult life experience involving marriage and family life. Discovering that your spouse has been unfaithful is the ultimate betrayal. It is completely normal to feel like you have been taken advantage of. With that said, if you believe that a divorce is in the best interest of your family you can begin to take steps to reach that conclusion.

Importantly, the attorneys with the Law Office of Bryan Fagan understand that there are no two families who are exactly alike. We appreciate that all families are unique. This means that what matters most to you in a divorce may not be the same as the family around the block. For this reason, the attorneys with the Law Office of Bryan Fagan approach each case individually. We do not apply a one-size-fits-all standard to every case in which we work. Talk to one of our attorneys today for a free-of-charge consultation to discuss your divorce and your specific circumstances.

Why are family law attorneys so critical during the divorce process?

The divorce process can be complex. You not only have important legal and logistical issues to work out but also emotional topics to balance. What makes a divorce case so unique is that it incorporates elements from all areas of your life. You cannot say that a divorce is only a family case. Rather, it concerns financial, relational, and child custody matters. With so much at stake in your case, it is not in your best interests to go about the process alone.

Additionally, there is a fine line between holding your spouse accountable for their actions and trying to get revenge. A normal, human reaction to being cheated on is to immediately go after your spouse. Again, the divorce process does not lend itself words this kind of outcome. Rather, spouses in your position are better served by being prudent and respectful of the process. That does not mean that you must forgive and forget what your spouse did. However, it does mean that there are guardrails in place that will help you keep track of your case while holding your spouse accountable.

While your divorce is ongoing you have a range of circumstances to consider. Your life does not come to a screeching halt just because of the divorce. Rather, the divorce case continues as does your life. Social engagements, family life, and work do not take a step back just because of the divorce. Trying to proceed in a divorce while maintaining all these other areas can be a challenge. For that reason, we recommend reaching out to an attorney at the Law Office of Bryan Fagan. We are here to help you during this time of your life.

Holding your spouse accountable for destroying your marriage

Imagine a situation where your spouse has flagrantly cheated on you. Far from being remorseful, he has not apologized to you nor tried to help provide context to his actions. Instead, he has acted in a way that ruined the relationship and your image of him. In short, your spouse has thrown your marriage away and does not seem to care. Not only are you hurt but you are frustrated. Your spouse has disregarded your feelings and that of your children.

Moving forward into a divorce is what you believe needs to happen next. You have talked it through with your support system. Your family agrees on the direction your life needs to take. Additionally, you have assurances from close friends that you always have a place to stay in the event you decide to leave the family home. This has caused you to feel more confident about moving forward in a divorce. Now the question is: where do you go from here?

With these questions in mind, you have scheduled the consultation with an attorney at the Law Office of Bryan Fagan. When you come to our office to talk to us about a divorce, we can give you specific information about Texas divorce law and how it functions within your life and your circumstances. Rather than read about general divorce topics on the Internet You can decide to meet with one of our experienced attorneys. Here is what we would share with you about the different kinds of divorces in Texas. Starting with a no-fault divorce.

What is a no-fault divorce in Texas?

Of the two types of divorce cases in Texas, a no-fault divorce is the most common. No-fault divorces have existed in our state for a handful of generations. When you file a no-fault divorce you are asking the court to dissolve your marital relationship. However, you are not alleging any reason for the end of your marriage. Rather, by filing a no-fault divorce you are telling the court that it is because of irreconcilable differences that the marriage has come to an end.

Most divorces in Texas come about as no-fault divorces. Simply put, it is easier to allege disability based on no reason. Instead, you would tell the court that the marriage cannot be maintained because of discord or conflict in personalities. The marriage can come to an end simply because you do not like the way that your spouse chews their food. In all seriousness, even in a no-fault divorce, there are serious subjects to discuss. Just because your divorce is technically a no-fault divorce doesn’t mean that both parties are faultless.

No-fault divorces do not require any specific evidence to move the case along. This means that when trying to get divorced there is no set legal standard you need to meet. Rather, if you meet the deadlines and file your documents on time you can get divorced. This is as opposed to a fault grounds-based divorce.

What is a fault grounds-based divorce in Texas?

The other type of divorce in Texas is known as a fault grounds divorce. In a fault grounds divorce you are alleging a specific reason for your divorce. Examples of grounds for divorce in Texas are cruel treatment, adultery, and abandonment. Since we are talking about suing another woman for destroying a marriage, it would be adultery that you would list as a fault ground.

Adultery has a specific legal meaning in Texas. It involves sexual intercourse with another adult, during your marriage to someone other than your spouse. Other conduct that falls short of this definition may be undesirable and could have led to your divorce. However, it may not meet the definition of adultery. It is one thing to allege adultery as a fault ground for divorce in your original petition for divorce. However, it is another thing altogether when it comes to proving this fault ground.

One question you may be asking yourself is: why bother alleging a fault ground for divorce in Texas? After all, if you can get divorced for no reason at all why should you take the time to allege a fault ground?

Why is it beneficial to allege a fault ground in your divorce petition?

A reasonable question to ask yourself is, what is the main benefit of alleging a fault ground for divorce? We have already covered how you need to present evidence to a court to see any benefit from alleging a fault ground for divorce. It provides you with no benefit to simply allege that divorce caused your divorce. Rather, you need to be able to help the judge understand what evidence exists to suggest that adultery occurred.

The benefit of proving a fault ground for divorce is multifaceted. First, successfully proving a fault ground for divorce means that you can be awarded a disproportionate share of your community property estate. A major part of a divorce is proving and then dividing community property. With that said, as you divide the community property estate a fault ground is one factor for the court to consider. 

For example, consider a situation where your spouse has been unfaithful to you. You are successfully able to prove adultery as a fault ground. That means that the judge can consider disproportionately dividing the community property estate. This means that the property in the community estate can be divided in your favor.

Under most circumstances, a just and right division of the community estate means a somewhat even division of property. Courts will not ordinarily divide property disproportionately unless there is an overwhelming factor that leads the court to believe that is necessary. Adultery as a fault ground for divorce can be the key to a disproportionate share being won by you in your community property division.

What are the elements of infidelity in a marriage that can cause a disproportionate division of your community estate?

One of the reasons why it is not outlandish to think that you should be able to sue another woman for destroying your marriage is that infidelity does not just mean that you were cheated on. Rather, in many situations infidelity in the marriage means that there is so much more to it. For example, consider that in some situations infidelity can cost the community estate money. Your spouse may have treated this other person to meals, and vacations or simply have bought the person gifts. This goes well beyond the physical nature of a romantic relationship.

Your spouse could have been using community income to pay for these things. That means he was attempting to take advantage of your trust by spending money on this other person. Not only was that a betrayal of your marriage vows but it was also any circumstance where you were being harmed financially. Putting all this together the adultery was a terrible action and one that directly led to the end of your marriage. Now you are having to deal with the consequences of your spouse’s decision to be unfaithful.

Talk to an experienced family law attorney when it comes to proving ground for divorce. Having the courage to allege adultery as a fault ground for divorce is the first step in the process. However, you cannot expect to stop there. Next, you must be able to collect evidence that could substantiate your allegation of adultery. Here is how you and your experienced team of attorneys with the Law Office of Bryan Fagan could do just that.

Proving adultery as a fault ground for divorce

Collecting evidence in an adultery case means performing a basic amount of due diligence. Social media is a common place to begin looking for evidence of adultery. You may be surprised to find that your spouse has interacted with their romantic interest online. As such, you can use those interactions in support of your adultery allegations. Text messages, emails, and other communication can be utilized, as well. Finally, photographs or even videos of your spouse and the other person can also potentially be used.

You need to be careful about how you obtain the evidence. Just because you have access to something does not mean that it is admissible in evidence in the case. Depending upon how you obtain the evidence it may not be usable in the case. This is why having the experienced hand of an attorney at the Law Office of Bryan Fagan can be especially helpful. Our attorneys know the process and laws surrounding admitting evidence into the record.

Contrary to what many people think, presenting evidence to a court is not as easy as dumping a stack of papers on the desk of the judge. Rather, there is a process involved with offering, introducing, and admitting evidence into the record. On the other side of the courtroom would be an attorney who is trying very hard to keep that evidence out of consideration. To overcome these obstacles, you must have an experienced family law attorney by your side.

Final thoughts on suing another woman for destroying her marriage in Texas

Even though there is no cause of action in Texas for destroying a marriage via infidelity, there are options for you to consider when it comes to moving forward in a divorce. The attorneys with the Law Office of Bryan Fagan are uniquely suited to help you and your family during this difficult time. Thank you for joining us today on our blog.

Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan

The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.