In broad terms, marital misconduct is associated with any behavior that is harmful or has a negative impact on a marriage. For many people, dealing with this type of behavior is a clear trigger for divorce proceedings. Being able to maintain your composure and rationally address these types of situations can make a world of difference when it comes time for legal measures.
To help the residents of North Texas who may be thinking about divorce proceedings maintain the high ground throughout this difficult process, the team at Davis, Ermis & Roberts has put together some important information about marital misconduct.
Understanding Different Kinds of Marital Misconduct
Several different behaviors can each be considered marital misconduct. It is also important to remember that the legal definition of these behaviors can change depending on the state, so it is important to have a conversation with an experienced attorney when looking into these types of situations.
In general terms though, misconduct is understood to behavior by your spouse that causes some form of harm to you as their partner. Direct examples of this type of behavior include affairs, emotional and/or physical abandonment, substance abuse, willful endangerment, or even reckless financial decisions that have an impact on your marriage.
Again, the specific definitions of marital misconduct can vary in the eyes of the law depending on your location, so it is always best to do some investigation and speak with a professional to get a clear understanding of whether or not the behavior in question is legally recognized in this way.
Ways to Handle Marital Misconduct
When it comes time for divorce proceedings, events of marital misconduct can play a central role in deciding a variety of important factors including the division of property, alimony payments, and other concerns. The challenge though is proving that marital misconduct took place in the eyes of the court. Securing evidence of your partner’s behavior can have a powerful impact on any decisions that are being made during future legal proceedings.
In addition to making a concerted effort to secure tangible evidence of the behavior, it is also important to work closely with an attorney during the process. The guidance of a skilled attorney can be extremely helpful while gathering evidence to be sure that any information that is collected will be effective, or even admissible in court.
One of the common mistakes that many individuals make when engaging in divorce proceedings is to represent themselves. In most situations, this decision can be harmful in a number of ways including the increased risk for emotional behavior that could affect the final decision of the court.
How Courts Deal with Marital Misconduct
When accusations start being thrown around during divorce proceedings, one of the first steps the court will take is to request evidence. When the blame game begins, neither side will get very far without some type of hard proof to back up what is being said. If one side can present tangible evidence, such as audio or video recordings, photographs, or written documents that clearly show proof behavior that can be perceived as marital misconduct, then the court is likely to side with that party when decisions are being made.
Another important factor in these types of situations is the attitude and demeanor of each party involved. If one side of the argument is presented emotionally and with a disruptive attitude while the other side remains calm and rational, then the court will be much more likely to rule in favor of the party who can maintain composure in most cases
Take Advantage of Professional Experience
If your’re dealing with a clear case of marital misconduct in your union, and have started to give serious thought to divorce proceedings, then the first step you should take is to contact a skilled attorney who can support you through the process. At Davis, Ermis & Roberts, we\’ve helped individuals throughout the Dallas-Fort Worth, TX area address a wide variety of frustrating situations including marital misconduct and divorce proceedings, and we’re always ready to provide advice and guidance to anyone who needs help dealing with this challenging problem. If you are in this type of situation, then your best option is to contact our team right away so we can get started as quickly as possible on finding the best path forward for you.