Legal Question in Family Law in Texas

Non-biological rights

A man and woman are married. After six months,the husband stops all sexual and intimate relations with his wife,while at the same time openly admits to a counselor that he chooses to masturbate instead. The wife is devastated. She possesses a high sex drive.

Months pass. The wife has a brief affair and becomes pregnant. Two years later, husband files for divorce, still unaware the child is not biologically his.

If the woman reveals the truth, could it strengthen, or weaken her fight for a fair settlement of the marital assets?, Or would that not matter where community property is concerned?


Asked on 4/09/01, 2:45 pm

2 Answers from Attorneys
Michael O'Connor Michael O'Connor, Attorney-At-Law

Re: Non-biological rights

If the split of marital assets is not agreed to by the parties, then their conduct will be an issue at trial and could affect the division of property. A court has a lot of discretion to divide the community assets according to what it believes is just and right under the facts of the case. In other words, it's not auomatically 50/50. Better to settle, if possible. Call me at 713-465-1456 if you have any questions.

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Answered on 6/08/01, 10:00 am
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Non-biological rights

This one is complicated, so e-mail me with more facts about your acts as well as his acts.

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Answered on 6/10/01, 1:03 am


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