Cresson, TX Divorce Law Firms & Lawyers | Page 6 Results

With matters this important, I think you urgently need to hire a skilled family lawyer to represent you. To be enforced by a divorce court, a prenup must have been fair when it was first made, and fair when it is sought to be enforced. There is a lot of room for a lawyer to work with based on these issues. If the prenup were denied enforcement, then everything is up for grabs, and you would be presumptively entitled to half the total property. Of course, the estranged husband may have played games with transferring title and other things, so quite thorough investigation is needed.

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.