Last Updated on August 25, 2023 by Benson Varghese
Cheating is a leading cause of divorce in Texas, but can adultery affect divorce proceedings? The short answer is, it depends. In Texas, there are two types of divorce: fault and no-fault. What type of divorce you pursue determines whether or not infidelity plays a role in the outcome or settlement of your divorce.
Here are answers to some frequently asked questions about adultery and divorce in Texas, but first please watch this video from family law attorney Turner Thornton.
What is a no-fault divorce in Texas?
What is a fault-based divorce in Texas?
What is adultery?
Adultery and divorce: Can infidelity affect divorce settlements in Texas?
In Texas, the family code requires a “just and right division” of community property which gives the judge discretion when dividing property and assets between divorcing spouses. It’s also not uncommon for a judge to order the cheating spouse to reimburse the innocent spouse for “wasted community assets” – money spent on a paramour for dinners, hotel rooms, trips, jewelry, etc.
Can adultery affect child custody in Texas?
Do you have to prove adultery in divorce proceedings?
* Text messages or emails
* Pictures or videos
* Eyewitness accounts
* Bank records or credit card statements
To find out what kind of evidence is admissible in court and how to legally obtain it, it’s best to speak to an experienced divorce attorney.
Seeking to divorce your cheating spouse? Contact us.
Unfortunately, adultery and divorce are two words that often go together in Texas and across the country. If you are considering filing for divorce based on fault – specifically, adultery – it’s important to seek the guidance of an experienced divorce attorney. We can help. The team at Varghese Summersett Family Law Group will listen to the facts and circumstances of your situation and walk you through all available legal options. We will explain the advantages and disadvantages of filing for divorce based on adultery and patiently guide you through this highly- emotional time. We will make sure your interests, assets, and children are protected every step of the way. Call 817-900-3220 to schedule a consultation and get your most pressing questions answered about adultery and divorce.