QUESTION

My husband moved out after 32 years. Major circumstances. He’s also having an affair. In the state of Texas do I confront him redo I just gather infor

Asked on Nov 11th, 2023 on Divorce - Texas
More details to this question:
I’ve been in a marriage for 32 years. I’ve been with him for 34. I am verbally emotionally and financially abused. However, he does pay all bills to our main house pays my gas, my car and my phone my horses he’s threatened me and he’s also been kind and try to do a contractual divorce. I’m not in harms way, but I am verbally and emotionally abused daily and have been for 20 something years, can I confront him about his affair or do I hire a PI get proof and then file for divorce? I have extremely limited funds. I have no cash app and give them to me for five year. I just have a credit card I’m able to buy my food and gas on.
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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While there is no legal prohibition on confronting him about his affair, he may react poorly to such a confrontation and stop providing you with financial support of any kind.  While fault in the breakup of a marriage is one factor the court can consider in making a disproportionate division of your community assets, proof of an affair is unlikely to substantially affect the division.  In my experience, that may persuade a court to go from something like 50-50 to something like 55-45 in your favor.What is important is what community assets he has spent, and is spending, on the girlfriend.  Make sure you gather together as much information as you can, including bank statements and credit card statements, to show what he has been spending on her.  Another good place to get information is from any frequent flyer, rental car, hotel, etc. accounts he has.  In many cases, the court will require him to "reconsitute" the community estate for funds spent on a paramour.  So, if he spent $150,000 on her, the court could award you $150,000 of remaining community funds to offset the money he already spent.
Answered on Nov 17th, 2023 at 2:14 PM

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