Divorce is rarely a simple process, and when adultery is involved, the emotional and legal complexities can escalate. Understanding how infidelity impacts a divorce case in Texas is crucial. If you are contemplating divorce or are already in the midst of one where adultery is a factor, securing knowledgeable legal counsel is paramount.
At Terry & Roberts, our Pearland divorce attorneys understand the profound emotional impact that infidelity can have and the intricate legal challenges it presents. Our experienced team guides clients through these difficult times with compassion and strategic advocacy.
Texas Is a Community Property State
Infidelity is not an uncommon cause of divorce, but how does adultery affect a divorce in Texas? It is essential to fully understand the state’s foundational principle regarding marital assets. In Texas, all property acquired by either spouse during the marriage is generally considered community property and is subject to a just and right division by the court upon divorce. This does not necessarily mean a 50/50 split, but rather a division that the court deems fair and equitable, given the circumstances of the marriage.
Texas defines adultery as voluntary sexual intercourse with someone who is not your spouse. While potentially damaging to a marriage, emotional affairs, inappropriate text exchanges, or other non-physical betrayals do not meet the legal threshold for adultery in Texas.
Fault vs. No-Fault Divorce in Texas
Texas offers both no-fault and fault-based grounds for divorce.
- No-fault divorce: The most common ground for divorce in Texas is insupportability, meaning the marriage has become insupportable because of discord or a conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Neither party needs to prove that the other was at fault for the breakdown of the marriage.
- Fault-based divorce: While parties frequently use insupportability, Texas law also allows for fault-based grounds, including cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital.
When a spouse alleges adultery and pursues a fault-based dissolution, it can influence several key aspects of a Texas divorce.
Grounds for Divorce
Adultery is a specific fault-based ground for divorce in Texas. If one spouse can prove that the other committed adultery, they can petition the court for a divorce on this basis. While proving adultery might seem straightforward, it often requires more than mere suspicion. Parties may use evidence such as text messages, emails, social media posts, witness testimony, or reports from private investigators.
Property Division
Property division is often where parties feel the most significant impact of adultery. While Texas law generally mandates a just and right division of community property, a court can consider fault in the breakup of the marriage when determining this division.
If a judge finds that one spouse committed adultery, they may award a disproportionate share of the community property to the innocent spouse. The purpose of this is not to punish the cheating spouse, but rather to ensure an equitable division that considers the economic impact of the adultery. For example, if a spouse spent community funds on the affair or if the adultery led to a dissipation of assets, the court might factor that into the property division.
Understanding that adultery does not automatically guarantee a disproportionate share is crucial. The court will consider all relevant factors, and the ultimate decision rests with the judge’s discretion. The mere existence of adultery does not mean the innocent spouse automatically receives a majority of the assets, but it does open the door for a more favorable division.
Spousal Maintenance
Spousal maintenance, often referred to as alimony, is a payment from one ex-spouse to the other after divorce. Texas has strict requirements for a court to order spousal maintenance. Generally, the requesting spouse must demonstrate that they lack sufficient property to provide for their minimum reasonable needs.
Adultery can play a role here. If the paying spouse committed adultery, a court may be more inclined to order spousal maintenance to the innocent spouse. Conversely, if the spouse seeking spousal maintenance committed adultery, it can be a significant barrier to receiving it. Texas law explicitly states that a court must consider marital misconduct in determining spousal maintenance.
Child Custody and Visitation
Perhaps one of the most common misconceptions is that adultery directly impacts child custody decisions in Texas. While the court can consider each parent’s character and conduct, including infidelity, when determining the child’s best interest, adultery alone is generally not a determining factor in child custody or visitation.
Texas courts prioritize the child’s best interest. This means the court will look at factors such as the child’s emotional and physical needs, each parent’s parental abilities, home environment stability, and history of family violence.
Unless the adultery directly impacts the child’s well-being, it is unlikely to be the sole reason for a significant change in custody or visitation. The court’s primary goal is to ensure the child’s safety, stability, and welfare.
Emotional Impact and Legal Strategy
Beyond the legal implications, adultery adds a significant layer of emotional complexity to a divorce. The betrayal and hurt can increase animosity and make negotiations more challenging. From a legal strategy perspective, if adultery is a factor in your divorce, it is crucial to:
- Gather evidence: Work with your attorney to gather admissible evidence of the adultery. This can be a sensitive situation, and we can guide you on what is permissible and how to obtain it legally.
- Understand the nuances: Recognize that establishing adultery does not automatically mean a victory. The court will consider all aspects of the marriage and divorce.
- Focus on the future: While acknowledging the pain of infidelity, our lawyers will help you focus on achieving the best possible financial and emotional outcome for your future.
- Seek emotional support: Divorce is taxing, and infidelity makes it even more so. Consider therapy or support groups to help you navigate the emotional challenges.
Speak With Our Pearland Divorce Attorneys at Terry & Roberts About Your Options
Adultery can have meaningful consequences in a Texas divorce, but it is not always a game-changer. Its impact depends on factors such as how it affected your finances, whether children are involved, and whether you plan to contest issues like property division or spousal support.
Terry & Roberts provides the strategic guidance and compassionate representation you need to navigate these complex issues. If you are dealing with the fallout of infidelity and are not sure how to proceed, our experienced Pearland divorce attorneys can guide you through your legal options and protect your interests. Contact us today to learn how we can help.