How does Adultery Affect a Texas Divorce Case?

Adultery is a common ground for divorce in many states, including Texas. But what exactly does it mean in the context of a divorce case? And how might adultery affect your Texas divorce case? This article will discuss adultery and how it affects a Texas divorce case.

Adultery is defined as voluntary sexual intercourse between two people who are not married to each other. It can also refer to one spouse having an extramarital affair or engaging in sexual activity with someone other than their spouse. It is considered an act of infidelity that often has serious consequences for the cheating spouse and their family. In some states, adultery is considered a criminal offense, but not in Texas.

In Texas, adultery is a fault-based ground for divorce. This means that if either spouse has committed adultery during the marriage, it can be used as grounds for filing for divorce.

In Texas, adultery can have both legal and financial implications in a divorce case. Legally, it can be used as grounds for filing a fault-based divorce. Financially, it can affect the division of marital property and spousal maintenance payments. Additionally, if there are children involved in the marriage and one parent has committed adultery, it may also affect child custody decisions.

If you file for a fault-based divorce based on your spouse's adultery, you must prove that they committed the adultery before the court will grant you a final judgment of dissolution of marriage. You must provide evidence that shows that your spouse was unfaithful during your marriage by providing clear and convincing evidence (the "clear and convincing" standard requires that one party's testimony be more credible than another's).

This includes statements from witnesses or family members who have seen any indications that your spouse has been unfaithful or documentation such as emails or letters showing proof of infidelity. Once this has been established, the court will consider whether or not to grant you a fault-based divorce based on your spouse's adulterous behavior during your marriage.

Additionally, there are several ways it can affect your case if you are filing for a fault-based divorce due to your spouse's adultery:

1. Child Custody: If your spouse has committed adultery, the court may consider this when making child custody decisions. The court will look at the child's best interests when making these decisions and may consider any extramarital affairs when determining what type of custody arrangement would be most beneficial for the child.

2. Community Property Division: If one party has committed adultery during the marriage, they may not be able to receive an equitable share of community property under Texas law (property acquired by either party during the marriage). This means that if your spouse was unfaithful during the marriage and you file for an equitable distribution of community property during your divorce proceedings, they may receive less than what they would otherwise be entitled to under state law.

3. Spousal Maintenance: If you file for spousal maintenance (also known as alimony) due to adultery committed by your spouse during the marriage, they may not receive as much support as they otherwise would have been eligible for under state law if there had been no proof of infidelity presented in court.

However, even if you are granted a fault-based divorce due to your spouse's infidelity, this does not necessarily mean that you will be awarded more assets or spousal support than if you had filed for an uncontested no-fault divorce without stating any specific grounds for dissolution of marriage. The court considers all relevant facts when deciding on the division of marital property and spousal maintenance payments, regardless of whether one party was at fault. Therefore, you should speak with an experienced family law attorney about how best to proceed with your case if you believe that adultery may have been committed during your marriage and could affect the outcome of your case.

Adultery can have a significant impact on a Texas divorce case if it is proven in court during fault-based proceedings. Child custody arrangements may be affected if one parent has committed infidelity; likewise, community property division and spousal maintenance awards could also be impacted by proof of marital misconduct such as cheating on one's partner with another person outside of their marriage relationship. It is important to speak with experienced family law attorneys who can help guide you through each step while understanding how adultery could affect various aspects of your case if proven in court during fault-based proceedings.