Merkel, 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.

Yes, each party is responsible. However, there may be a credit given for the equivalent of rent to the party who resides in the house. The verbal agreement was probably with no consideration, and there is a law in Florida called the Statute of Frauds, which makes a non-written agreement regarding real property unenforceable. So, you are able to negotiate a new deal. It gets a bit confusing with all the financials, so the best bet is to come to terms with each other, and seek a peaceful solution. I hope that this helps. I realize that the deal is a bit complex and that a simple response may not be sufficient. Hopefully, though, this will give a better idea of the law, so that you can get this settled.

First, please be mindful of your personal safety and that of your child. It is of the utmost priority. Second, if you're still a legal resident in your home state, you may be able to file for divorce there based on your husband's continued residency in that state. However, if you intend to stay in Texas, you would be able to file for divorce here within six months of continuous residence in the state (with at least 3 months in the same county).