You don’t need to be a legal to understand that cheating on a spouse is not merely a personal betrayal that can quickly unravel a marriage. Adultery can also significantly affect the outcome of your divorce, influencing courtroom decisions on issues such as property division, child custody, and spousal maintenance.
If you are in the middle of a divorce where infidelity plays a role, you likely have a great deal of questions that can only be answered by your attorney. That said, here is what the process might look like for you moving forward.
By understanding these aspects, you can better navigate the legal implications of adultery in a Texas divorce.
What Legally Counts as Adultery?
When couples feel that divorce is the answer to their problems, there is almost always a very specific reason why. And adultery is almost always near the top of that list. Adultery is defined as one spouse engaging in voluntary sexual activity with someone outside the marriage, and according to Forbes, roughly 60% of divorced couples cited infidelity or adultery as the reason their marriage ended.
Even if the affair happens after separation but before the divorce is finalized, it can still be considered adultery.
Examples of adultery can include:
- Physical affairs
- Emotional affairs
- Online or virtual affairs
- Repeated inappropriate behavior
- Secret relationships
- One-night stands
Adultery — Grounds for Divorce in Texas
Unlike personal accusations, proving adultery in a Texas divorce requires solid evidence. The court will typically look for proof such as phone records, emails, text messages, and bank records that might include expenditures for gifts, travel or hotel stays, or even witness testimony.
While not as strong as direct proof, circumstantial evidence could still help support your case.
If you can prove adultery, the ramifications can be steep for the offending party. For instance, Texas is a community-property state. This means assets are divided fairly between spouses. If one spouse is guilty of adultery, especially if they spent marital money on their affair, the judge may award a larger share of assets to the other spouse.
While Texas law makes it difficult to qualify for alimony, it could become a significant factor if a judge believes that adultery financially harmed the faithful spouse. While adultery alone may not guarantee or eliminate alimony, it could influence how much is awarded and for how long.
Adultery, on its own, does not usually affect child custody decisions in Texas. However, if the affair harmed the children, such as exposing them to harmful or neglectful situations, the judge may take it into account when deciding custody and visitation arrangements.
Please Call Christman | Daniell for Your Legal Needs Today!
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Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish is for informational purposes only. They do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your circumstances.
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