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In TX, Will it be held against me if I get another woman pregnant before my divorce is final?

Allen, TX |

I've been seperated for 4 months and now my and girlfriend and I are expecting unexpectedly. What should I do?

Attorney Answers 1


Texas is a no fault divorce state which essentially means that neither party necessarily has to prove the other did something "wrong" causing the divorce. However, fault grounds often arise in divorce proceeding and the court will consider them in dividing the community property. The division of property under the Texas Family Code has to be "just and right" - not necessarily a 50/50 split. Because you are still married until the court enters a final decree of divorce, you have technically committed adultery which is a fault based ground under the family code.

The court will take the adultery in consideration when dividing up the community property. Certain counties consider adultery more heavily than others when dividing up the community estate so it is possible it might be "held against you" and a disproportionate division of the community property results.

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