Texas allows both no-fault and fault-based divorces. Adultery is a valid ground for a fault-based divorce. If one spouse proves the other committed adultery, the court may consider it when deciding property division, alimony, and other aspects of the divorce.
How courts consider adultery in property division
Texas follows community property laws, meaning assets acquired during the marriage belong to both spouses. However, if a spouse uses marital funds to support an affair, the court may award the other spouse a larger portion of the marital assets. Judges determine what is fair based on the circumstances of the case.
Impact of adultery on spousal support
Adultery can influence spousal support, also known as alimony. Texas courts rarely grant alimony, but when they do, they consider factors such as financial need, marriage length, and misconduct. If a spouse’s adultery caused financial harm, the judge may reduce or deny their right to alimony.
Child custody and adultery
Adultery does not directly affect child custody decisions unless it impacts a child’s well-being. If the affair exposed the child to harmful situations, such as neglect or unsafe environments, the court may consider it when determining custody arrangements. Otherwise, custody decisions focus on the child’s best interests.
Proving adultery in Texas divorces
The spouse making the accusation must provide clear and convincing evidence of adultery. This can include witness testimony, financial records, text messages, or photos. Suspicion alone is not enough to prove fault in court.
While adultery can complicate a divorce, it does not define the future. Making informed decisions and seeking sound legal advice can help create a path toward stability and a fresh start.
