Legal Question in Family Law in Texas

Is it still adultery

MY fiance was married in 1992, he and his wife only lived together as husband and wife for one month and then split up. They have had no contact with each other for 11 years and now my fiance is now filing for a divorce. He and I have benn together for 5 years, living together for 3 years and have a child together. Can she use this as adultery against him in the divorce battle? She has also had children by another man can he use that against her? She also owns a house is this considered community property being that they are still married? Thank You for your time and help.


Asked on 1/30/07, 4:39 pm

1 Answer from Attorneys
Lewis Palomino Law Office of Lewis Palomino

Re: Is it still adultery

Using grounds like adultry, cruelty, fraud, etc., for a divorce is only helpful when one is attempting to acquire a disproportionate share of community assets. Since the parties only lived together for a very short period, its unlikely that they have any property to fight about. Whether her house is community property depends on how she purchased the house. In any case why would that matter? He is not likely to prevail on a claim on the house. If all they want is a divorce, the usual "no fault" cause of action is sufficient. No need to have a "battle" and get nasty. Good luck.

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Answered on 1/30/07, 6:33 pm


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