This post will discuss the legal and practical implications of extramarital affairs on a Texas divorce case.
Adultery is a Statutory Grounds for Divorce in Texas
The Texas Family Code has long held that adultery is a grounds for divorce. See Section 6.003 of the Texas Family Code. Its use as a grounds for divorce has become far less significant since Texas became a no-fault divorce state many years ago. Nonetheless, it is frequently pled as a grounds for divorce and a judge can find that the grounds for divorce was adultery, not the much more commonly used irreconcilable differences.
Adultery Can Have an Impact on Property Division in a Texas Divorce
The Texas Family Code also provides that the court can consider fault in the divorce in dividing property. See Section 7.001 of the Texas Family Code. This gives the court the authority to make a disproportionate division if it believes that one side was more to blame for the divorce than the other party. Consequently, adultery can be a factor that leads to one spouse being awarded more property in the divorce case. How much of an impact it makes in any given case is highly dependent on the specific facts of the case and the predilections of the judge. To some judges affairs are a significant factor in a divorce case, to others they are more a symptom of an unhealthy marriage.
Adultery Generally Does Not Impact Custody or Access to Children
While affairs can have an impact on property division, they generally have no impact on custody or access issues. The court’s determination of custody and other access provisions are still governed by the overriding principle of “best interests of the children” as well as a number of specific statutes in the Family Code.
Thus, adultery is typically a non-issue in a custody case with one major exception. If the affair occurred or is ongoing in some way that the court deems to be harmful to the children, this can have a major impact. An example of this would be having the children in the presence of the paramore (boyfriend or girlfriend) prior to the divorce being finalized.
Adultery Can Complicate a Divorce and Create Hostility
So far we have discussed the specific legal issues in detail, but in my experience the practical implications of affairs on a divorce case are often much more impactful. I personally have seen many cases that initially appeared to be relatively calm, civil divorce cases that look like they would be resolved amicably turn into contentious, ugly battles after one spouse learned of an affair. This is especially true when that spouse believes that their marriage was “broken up by this homewrecker” and that there was nothing wrong with their marriage until the affair occurred. Situations like this can cause a divorce to turn into a lengthy, expensive nightmare of a battle.
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I found your articles on Facebook and divorce interesting. I suspect my husband may be cheating, but I truly want to wait until there is solid evidence BEFORE I bring in an attorney. Obviously, I think the more leverage I have with him in this regard, the better case I have when it comes to assets down the line: house, kids, etc. I’ll try calling you soon to get perspective in greater detail.
Save every bit of evidence you can. Screen grabs. Video. Whatever the case is. The more proof you have, the better, in terms of getting everything you want. It’s like legalized blackmail.
I am trying to find proof of my husband cheating, but so far no good… or at least nothing I can prove yet. I don’t want to let him know that I know. Social media may be a possibility, as I think he has some lady friends on there (but I’m not on there.) What do you suggest I do? I really want to nail him and get out of this marriage with no loss with my assets or the kids.
My wife tried to pull stuff like this into court on me, but her proof seems a bit wishy-washy. Heaven forbid I have female friends. But I’ll make sure she doesn’t get close to her so-called “proof”