Leading Austin Family Law Attorney Daryl Weinman Reveals Myths Surrounding Adultery and Divorce – Austin, TX

Top family lawyer Daryl Weinman, founder at Weinman & Associates, P.C. in Austin TX, explains the reality of how adultery affects a divorce case. For more information please visit www.weinmanfamilylaw.com

Austin, TX, United States – March 31, 2019 /MM-REB/ —

In a recent interview, top family lawyer Daryl Weinman, founder at Weinman & Associates, P.C. in Austin TX, revealed myths surrounding adultery and divorce.

For more information please visit https://www.weinmanfamilylaw.com

When asked to comment, Weinman said, “Infidelity is a widespread problem throughout America. In fact, roughly 20% of men and 13% of women have had extramarital affairs, according to a recent study. Due to its prevalence, there are several misconceptions when it comes to adultery and divorce.”

Many separated couples do not fully understand how adultery is legally defined.

When asked to elaborate, Weinman said, “One of the most common misconceptions is that adultery is defined as any act of physical intimacy. This, however, is not true. Although the state of Texas defines adultery as an act of consensual sexual intercourse with someone other than a spouse, most judges will consider any secret, intimate relationship that would be considered inappropriate or offensive to the other spouse as adultery.”

Weinman was quick to add that although many people think they need to catch their spouse in the act, or prove that actual sexual intercourse occurred, that is not true.

“Proof of an inappropriate relationship generally appears in such documentation as text messages, emails, social media messages, phone records, bank statements, and credit card receipts.”

One of the most common myths is that the court will rule against anyone who has engaged in adultery.

“Adultery is generally a symptom of a marriage that is already in trouble. More often than not, the underlying reason for most divorces is anything but an extramarital affair. If the court is presiding over a fault divorce case, filed on the basis of adultery, the affair will be one factor (of many) that the court will consider when determining whether a disproportionate division of the community estate in favor of the innocent spouse might be appropriate,” she commented.

Weinman explained, though, that this might not be the case under special circumstances.

When asked to elaborate, she said, “The court’s decision might differ if the spouse who committed the adulterous act spent extravagantly or if he or she neglected the children as a result of the affair. In this case, the person who was cheated on will get the upper hand during financial and child custody negotiations.”

“All monies spent in furtherance of the inappropriate relationship may have to be reimbursed to the community estate by the adulterous spouse, in addition to the innocent spouse receiving a larger portion of the community estate in the final division. Additionally, if the cheating spouse was spending so much time with a new relationship that he or she was neglecting their relationship with their children, they will be demonstrating to the court where their priorities lie, and that will hurt them in a child custody case.”

Source: http://RecommendedExperts.biz

Contact Info:
Name: Daryl Weinman
Organization: Weinman & Associates, P.C.
Address: 8200 N Mopac Expy #230, Austin, TX 78759, USA
Phone: 512-472-4040
Website: https://www.weinmanfamilylaw.com

Source: MM-REB

Release ID: 497045