Law Office of Bryan Fagan PLLC Podcast

Law Office of Bryan Fagan PLLC
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Welcome to The Law Office of Bryan Fagan podcast— your trusted source for legal insight and support in Divorce, Family Law, Estate Planning, Criminal Defense, and Personal Injury. Our goal is simple: to empower you with knowledge and confidence when facing life’s toughest legal decisions. We publish clear, informative videos every week—covering everything from navigating a divorce to understanding wills, trusts, custody battles, CPS cases, and more. You’ll get expert guidance directly from attorneys who care. 📞 Need legal help? Call or text us at (281) 606-3374

  1. 7h ago

    What Counts as Adultery Under Texas Law?

    This episode explains what legally counts as adultery in Texas, distinguishing the strict legal definition from the broader emotional reality of betrayal, addressing whether an affair that occurs after separation but before the divorce is finalized still counts under Texas law, walking through how adultery must be proven in court through circumstantial evidence such as messages, financial records, and behavioral patterns, and detailing how proven adultery can affect property division through the just and right standard, including how constructive fraud applies when community funds are spent on an affair and how courts calculate, reconstitute, and divide the marital estate to restore fairness, as well as how adultery can factor into child custody arrangements and why working with an experienced family law attorney is an important next step; this video is for general informational purposes and does not constitute legal advice, and laws discussed apply to the State of Texas.

  2. 7h ago

    What Is Considered Adultery in Texas?

    This episode explains what is legally considered adultery in Texas, starting with the definition under Texas Family Code 6.003 as voluntary sexual intercourse between a married person and someone other than their spouse, addressing common myths versus the actual legal standard, walking through the clear and positive proof courts require since mere suggestion or innuendo is insufficient, covering how spouses gather admissible evidence through private investigators, hotel receipts, and financial records, explaining how proven adultery can shift property division under the just and right standard and lead to financial reimbursement when marital funds were spent on an affair, discussing how adultery can factor into child custody decisions under the best interest of the child standard, and closing with a practical legal strategy of evaluating the situation, preserving evidence, investigating thoroughly, and protecting one's rights with experienced legal guidance; this video is for general informational purposes and does not constitute legal advice, and laws discussed apply to the State of Texas.

  3. 1d ago

    Texas Adultery & Divorce: How It Affects Your Case

    This episode explores how adultery affects divorce proceedings in Texas, starting with the legal definition of adultery and the standards of proof courts require, then moving into whether adultery is treated as a criminal or civil matter, how spouses can lawfully gather evidence such as messages, receipts, and financial records, how proven infidelity can shift property division under Texas's community property system, how spending marital funds to support an affair can lead to reimbursement claims, the limited circumstances under which adultery affects eligibility for spousal maintenance, how infidelity can factor into child custody decisions when it creates instability or unsafe environments for children, and why staying composed, documenting finances, and seeking early legal guidance are essential to protecting a spouse's rights and long-term stability; this video is for general informational purposes and does not constitute legal advice, and laws discussed apply to the State of Texas.

  4. 2d ago

    Texas Adultery Laws: How Cheating Affects Divorce

    This episode examines how adultery affects divorce proceedings in Texas, covering the legal definition of adultery under Texas Family Code 6.003, whether infidelity qualifies as a criminal offense or is handled purely as a civil matter, the types of direct and circumstantial evidence courts require to prove adultery, how proven infidelity can shift property division away from an even split under the "just and right" standard, how constructive fraud on the community estate applies when one spouse wrongfully depletes marital assets without the other's consent, how adultery can factor into child custody determinations under the best interest standard, and why working with an experienced Texas family law attorney is essential to build a strong, evidence-based case; this video is for general informational purposes and does not constitute legal advice, and laws discussed apply to the State of Texas.

  5. 3d ago

    Hidden Assets & Reimbursement Claims in TX Divorce

    This episode breaks down how hidden assets and reimbursement claims work in a Texas divorce, exploring the common tactics spouses use to conceal money, property, or business interests, the legal discovery tools available under the Texas Rules of Civil Procedure to uncover that hidden information, and how Texas Family Code sections 3.402 and 7.009 govern reimbursement claims and the court's ability to reconstitute a marital estate when fraud on the community is proven, while also covering the role forensic accountants play in tracing commingled funds, the red flags spouses should watch for, common mistakes that can undermine a claim, and why experienced legal guidance and thorough documentation are essential to protecting a fair and just division of property; this video is for general informational purposes and does not constitute legal advice, and laws discussed apply to the State of Texas.

  6. 4d ago

    Proving Adultery in Texas Divorce: Evidence That Counts

    This episode examines what it actually takes to prove adultery in a Texas divorce, starting with the legal definition of adultery as voluntary sexual intercourse outside the marriage and moving through the practical difference between direct evidence, such as photos or eyewitness testimony, and circumstantial evidence, such as texts, receipts, and financial records, which is far more common and often just as persuasive in court; it explores how a proven affair can shift the landscape of a divorce by influencing property division and support, walks through how to follow the financial trail an affair often leaves behind in the form of hidden spending, gifts, travel, and hotel charges, addresses the added complexity of high-net-worth or business-owner cases where hidden assets and digital footprints multiply the stakes, warns against common mistakes like deleting messages or using illegal tracking methods that can undermine a case, and closes by explaining why professional legal guidance is essential for gathering evidence the right way and protecting your future in a Texas divorce.

  7. 5d ago

    Fraud on the Community in Texas Divorce Explained

    This episode breaks down fraud on the community in Texas divorce cases, exploring the fiduciary duty spouses owe one another over marital property and what happens when that duty is broken through hidden accounts, secret spending, gambling losses, or gifts to an affair partner; it walks through the legal distinction between actual fraud, which requires intent to deceive, and constructive fraud, which does not, and clarifies that fraud on the community is not a standalone lawsuit but a remedy courts use to correct an unfair loss of marital assets, then covers the badges of fraud that judges and attorneys look for when building a case, how forensic tracing can uncover transferred or dissipated funds, how a reconstituted estate calculation restores the marital pot to what it should have been before the wrongdoing, and how courts can award a disproportionate share of property, such as seventy percent to thirty percent, to make the wronged spouse whole, closing with practical guidance on documenting suspicious financial activity and protecting your financial future during a Texas divorce.

  8. Aug 7

    Is Adultery a Crime in Texas? Divorce Impact Explained

    In this episode of the Law Office of Bryan Fagan Podcast, we tackle one of the most misunderstood questions in Texas family law: is adultery a crime in Texas, and if not, why does it still matter so much in a divorce, and we walk through the history of adultery law in Texas, from its treatment as a serious criminal offense in the 1800s to its decriminalization in 1973, before explaining the practical difference between a no-fault divorce based on insupportability and a fault-based divorce grounded in adultery, cruelty, abandonment, or a felony conviction; from there we cover what it actually takes to prove adultery in court under the clear-and-convincing evidence standard established in cases like Chastain v. Chastain, including why post-separation conduct can still count against a spouse, and we spend significant time on the financial consequences of an affair, explaining how Texas's fiduciary duty between spouses creates the basis for constructive fraud and waste claims when marital funds are spent on an affair, how courts use a three-step process under Texas Family Code section 7.009 to reconstitute the community estate and divide it in a way that is just and right, and how real Texas appellate decisions have awarded innocent spouses anywhere from 62% to 100% of the community estate, before closing with a broader look at how a finding of adultery can affect spousal maintenance, custody-related proceedings, and the overall complexity and cost of a divorce, with the goal of helping listeners build a divorce strategy grounded in Texas Family Code realities rather than emotion or common misconceptions about what infidelity does and doesn't guarantee in court.

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About

Welcome to The Law Office of Bryan Fagan podcast— your trusted source for legal insight and support in Divorce, Family Law, Estate Planning, Criminal Defense, and Personal Injury. Our goal is simple: to empower you with knowledge and confidence when facing life’s toughest legal decisions. We publish clear, informative videos every week—covering everything from navigating a divorce to understanding wills, trusts, custody battles, CPS cases, and more. You’ll get expert guidance directly from attorneys who care. 📞 Need legal help? Call or text us at (281) 606-3374

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