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When Your Spouse Commits Adultery

A Look at Texas Divorce Cases

Unfaithfulness in a marriage creates concerns about sexually transmitted infections and strained relationships within the family. The pain of a spouse cheating only increases when an innocent mate must worry about terminating the marriage. Adultery adds elements that can affect the court’s ruling on financial issues. Hurt spouses should understand their obligations and rights in Texas courts.

Adultery’s Role in Legal Proceedings

Texas permits no-fault divorces, but a mate may contend that their spouse's misconduct instigated the breakup. Adultery is one of the most frequent grounds for divorce as filed in the court system and it’s been that way for a very long time. Courts typically define the act as voluntary sexual relations with an individual outside the marriage. Simply having an affair is not illegal in Texas, so no criminal proceedings can occur.

The Burden of Proof

Establishing facts in a Texas court requires complying with complex rules for presenting evidence. Many divorcing individuals seek assistance from an attorney. For example, a Fort Worth divorce lawyer can aid a person in proving an affair by hiring a private investigator to search for evidence. A spouse does not necessarily need to show explicit evidence of sexual relations, as circumstantial evidence may suffice. A suspicious spouse may produce receipts demonstrating the entangled parties spent an evening together at a hotel. Photos, text messages, phone records, and videos can show a pattern of communication that implies a relationship.

Alimony, Property Division, and Custody

Texas law generally seeks to divide property in a 50/50 split. However, courts review the behavior and actions of both spouses when apportioning assets. A cheating spouse may receive a lesser share of the property, especially if shared funds facilitated the dalliance. Adultery may also compel a judge to deny alimony to an unfaithful mate, regardless of their financial standing. The law prevents judges from considering unfaithfulness while determining child custody and visitation unless the affair endangered the children somehow.

Making Decisions Regarding a Cheating Spouse

Stressful situations demand careful consideration and reliable guidance. Few events are as impactful and anxiety-inducing as finding out that a spouse has been cheating. An individual whose spouse was unfaithful must assess all factors to make wise decisions about ending a failed marriage. In Texas, there are counselors to assist with the grieving process and divorce attorneys to help with the divorce process and acquire alimony and child support.

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