00:04
i will refer to
00:06
marital misconduct as bad acts okay
00:09
and so texas just like every other state
00:12
has no fault divorce they also have all
00:14
these fault bases
00:16
the big ones being adultery cruel
00:19
treatment
00:20
abandonment confinement and a mental
00:22
institution
00:23
the thing is those those don’t come up
00:26
all that much
00:27
okay most of the time a divorce is going
00:29
to be granted based on
00:30
insupportability which just means he
00:32
can’t get along anymore where those
00:33
other factors come in more today are
00:37
in the division of the marital estate
00:39
and what people don’t understand
00:42
is that a lot of people think oh he
00:43
cheated or she cheated so the other side
00:45
is just going to take him to the
00:47
cleaners and that doesn’t happen in
00:49
texas okay
00:50
it might be worth you know a couple
00:52
percentage points it depends on what the
00:54
severity
00:55
of the conduct is you know if you have
00:57
something where
00:58
uh you actually have physical abuse and
01:01
you get
01:02
a a finding of family violence that’s
01:05
going to be a little different but the
01:06
one thing
01:07
uh or actually there are two things that
01:09
are really important to to know here
01:11
the more money in the marital state the
01:13
closer it is going to be
01:15
to an actual 50 50 division regardless
01:18
of the bad acts the bad acts have to be
01:21
really really bad
01:22
to get off of 50 50 once you really kind
01:25
of hit a certain
01:26
level monetarily that is being divided
01:28
the other thing is
01:30
when you have a disparate division you
01:33
know one side gets more one side gets
01:35
less
01:35
the big factor there is disparity in
01:38
earning capacity so if you’ve got
01:40
someone
01:41
that’s been a stay-at-home spouse okay
01:44
and they’ve got to go back to school uh
01:47
and the other let’s say
01:49
is a doctor okay who’s been making a lot
01:51
of money the whole time
01:53
that division typically is going to
01:56
favor the non-moneyed spouse
01:58
okay the the division the disparity in
02:00
the division
02:01
is going to be dependent on what the
02:03
particular facts are of that case
02:05
but that’s something to remember
02:06
disparity in earning capacity is huge