Hooks, TX Divorce Law Firms & Lawyers

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.

Generally, an attorney will represent one party to the divorce but not both.  That said, some attorneys are willing to draft the decree based on the instructions of the parties.   Based on your inquiry, it appears you will need a divorce decree and documents regarding the real property (i.e., special warranty deed, deed of trust to secure assumption, etc.).   I think you have 2 choices:   1)  One of you hires an attorney who then drafts the final decree of divorce and the real estate related documents.  2)  You both hire an attorney to draft the documents based on your agreement(s).   The down side to option 2 is that the drafting attorney is essentially only a secretary drafting the documents and cannot give either of you legal advice.