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What is alienation of affection?

There are many reasons why San Antonio couples see their marriages fail. Sadly, adultery is often one of them. If an extramarital affair was the main factor behind your divorce, you may certainly be justified in your anger towards your ex-spouse’s lover. In fact, you may hold firm to the belief that without his or her actions, you may still be enjoying your marital bliss. The question is whether his or her meddling in your marriage warrants a lawsuit.

There are some states that allow you to bring legal action against a third party on the grounds of “alienation of affection.” Citing this as a reason for legal actions means you believe that party’s involvement ruined your marriage. Unfortunately, according to the Texas Family Code, the state does not recognize this as a valid right of action.

While little may lessen the sting felt from the end of your, you may take some solace in the notion that your ex-spouse’s actions may still have consequences. As you begin the process of dividing your community property, the court may indeed take into account the fact that his or her infidelity ended your marriage. There may be a natural assumption he or she used marital assets to support his or her actions, from paying for hotel rooms for secret encounters to buying gifts for his or her lover. This may give you the grounds to argue that you are owed a disproportionate portion or your marital assets due to those assumed discrepancies. While the idea to argue this point should not be taken as actual legal advice or generate any unrealistic expectations, family courts tend to frown upon cases of marital infidelity.  

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