Legal Question in Family Law in Texas

I live in TX and I am dating a girl who is going through a divorce. Up until this time we have made no effort to hide our relationship from anyone. We recently were given some advice that was pretty scary. Basically we were told that us having a relationship could significantly delay the divorce and make it much more expensive. We're absolutely not going to stop seeing each other. So what kind of cost are going to be associated with getting me "approved" by the court, and are we looking at any significant delays?


Asked on 10/12/10, 11:08 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Well, you don't give enough information to truly answer this.

Let me just get out my crystal ball and guess as to a couple of things. Since I've never talked to you this is just my approx. 20 years of experience in Harris County courts talking.

Does she have minor children?

The other side is going to use your relationship in order for her to not be granted custody of her children. I would say that is pretty dramatic. Her husband is going to offer her very limited visitation with her kids. And, she is going to have to pay him child support!

Regarding having an affair in Texas, it could impact the property division. So she will get less of the community property. Normally, the division is 50/50. I assume that the other side is now going to ask for a 40/60 split. It's up to the judge on what the actual division will be at the final division.

Now that your relationship is "open and public" it is going to be used by the other side.

Your "approval" is not necessary. You are not part of this case. However, you need to be aware that your actions are going to impact the woman that you are dating. This woman getting the divorce is now going to be "bloodied" by the other side. The other attorney is going to use this to "destroy" her.

You might say this is unfair. Well, you were told to quit seeing each other while the divorce was pending. You decided to not take that advice and to be "open and public". Now the divorce is going to be hurtful and EXPENSIVE. Now you are going to going to blame the judge and her divorce lawyer for what happens to her. Now her divorce is going to be expensive. I predict that her husband's attorney is going to say horrible things about her in court. She is going to be made to look like a horrible woman in court.

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Answered on 10/18/10, 8:09 am


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