A Role for Private Investigators in Some Divorce Actions | A Cross-Post with LinkedIn

 

Texas, like many other states, is a "no fault" divorce state. That means that most divorces are based on the concept of "irreconcilable differences" with no party being blamed. It also means that both former spouses do not have to agree to be divorced. However, many states, including Texas, also allow for fault-based divorces. The grounds (reasons) for fault divorce in Texas (see the relevant Texas Family Code section) are:

1. Cruelty. Cruelty means that one spouse’s actions have rendered the couple’s living together incapable of being borne, unendurable, insufferable, or intolerable.
2. Adultery. This option has typically been interpreted to mean voluntary sexual intercourse by a married person with someone who is not the spouse. However, an action for divorce based on adultery is not limited to intercourse that occurs prior to the date the spouse’s separation.
3. Conviction of a Felony. This reason requires that the felon spouse have been convicted of a felony and spent at least one year in prison.
4. Abandonment. This rationale requires that the divorcing spouse show the other spouse intended to abandon the petitioning spouse and did in fact abandon him or her for over one year.
5. Confinement in Mental Hospital. This option is available when one spouse has been in a mental hospital for at least three (3) years and the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or a relapse is likely.

*Note that there are other grounds for no-fault divorces provided, including insupportability and living apart.

Why Pursue a Fault Divorce?

Simple: As a community property state, courts in Texas are required to divide the estate equitably, meaning fairly. That typically means that any assets and liabilities are divided equally. However, divorces sought for reasons of fault can quality for a disproportionately larger portion of the marital estate. In other words, what would ordinarily be a 50/50 split might become 55/45 or 60/40.

How Private Investigators Can Be Helpful

It turns out that courts don't just take allegations from one party as the gospel truth. The alleging party has to "prove" the allegations in court in order to get the benefits of a fault divorce. Sometimes an unfaithful partner will admit it. But that's not often.

And that's where private investigators come in. They say that a picture is worth a thousand words. And boy are they!

We had a post on July 15 with a relevant joke:

A New York attorney representing a wealthy art collector called his client and said to him, “Saul, I have some good news and I have some bad news.”The art collector replied, “I’ve had an awful day; let’s hear the good news first.” The attorney said, “Well, I met with your wife today, and she informed me that she invested $5,000 in two pictures that she thinks will bring a minimum of $15-20 million. I think she could be right.” Saul replied enthusiastically, “Well done! My wife is a brilliant businesswoman! You’ve just made my day. Now I know I can handle the bad news. What is it?” The attorney replied, “The pictures are of you with your secretary.”

Other Ways that PIs can Help

There are other ways that PIs can help, but they are outside of the scope of today's article. I'll probably write more about this next week.

Disclaimer

This article does not constitute legal advice and please don't take legal advice from any blog, post, or online article!

Takeaway

If you suspect that your spouse has committed adultery, and are contemplating divorce, it may not be a bad idea to see if a private investigation firm can help. We'd love to give you a case analysis and see if something works for you!