You most likely will benefit with the assistance of legal counsel from a Houston divorce law firm such as LaFour law—particularly since you have a business to protect. An experienced Houston divorce attorney can assist you through the highly emotional and stressful experience of a divorce.
Texas allows people to file either a fault or a no-fault divorce. If you file a fault divorce claiming that your wife is responsible for ruining the marriage, you will most likely have to prove that in a court of law. These types of divorces are almost always much more expensive than a no-fault divorce.
Filing a fault divorce may affect the spousal support you may be required to pay. However, the fact that your wife was unfaithful to you is likely to have very little bearing on the outcome of your case as it applies to the distribution of assets.
Texas is a community property state. Texas law defines community property as all of the property that either spouse acquired during the marriage except separate property. Separate property is anything one spouse owned prior to the marriage, property inherited by only one spouse, and recoveries for personal injuries sustained by only one spouse, except for the portion of the award intended to compensate for lost earnings during the marriage.
Thus, in your case, many of the key legal issues surrounding your case center on the following circumstances:
1) Did you own your business prior to the marriage? This, in and of itself does not necessarily qualify your business as separate property. For example, if during your marriage your wife contributed to the growth of this business in just about any way—directly or indirectly—she is likely to be entitled to some of its assets.
2) How is your business structured? If your business is structured as a limited liability company, and if the assets such as real estate and bank accounts are titled in the LLC, they could be shielded from consideration as personal assets in a divorce proceeding—particularly if the LLC was created prior to the marriage. If your business is set up as a c or s corporation and is registered with the state and has a separate tax ID number and particularly if it was created prior to the marriage is another consideration. Your business could be set up as a trust—a separate legal entity from you. Trusts have their own federal tax number.
3) Is a prenuptial agreement in place? It may be that you executed a premarital agreement with your wife prior to your marriage. If this is the case, depending upon the wording of the agreement, your business may be protected.