While adultery is no longer considered a crime in Texas, there can be consequences for a cheating spouse if their adulterous behaviors are proven in divorce proceedings. If you are planning on filing for divorce because of marriage infidelity, your petition will need to include the reason you have chosen to end your marriage.
Because adultery is one of the acceptable reasons for an at-fault divorce in Texas, you can file on these grounds if you so choose.
How is adultery proven in court?
There are many ways adultery can be proven. Common evidence to support cheating includes text messages or social media DMs, phone records, and even video in some cases. Proving your spouse was unfaithful during the course of your marriage may not be enough to satisfy the legal standard of adultery. You must also be able to show that the cheating was the cause, not a byproduct, of your marriage difficulties.
At The Fox Firm, we understand that the stakes are high, and we are ready to fight for you every step of the way. Gathering evidence and showing causation can be a difficult task, which is why you need a legal team with a track record of success.
How might my spouse’s cheating affect our divorce?
One of the more common questions in these cases involves whether adultery will affect how marital assets will be divided. In many cases, marital property will be split using the equitable distribution rule. This means that a 50/50 share is not necessarily the default when dividing assets. Instead, a judge will consider the unique circumstances of your case. The conditions of the marriage itself will be a factor in these division considerations, as will the behaviors and needs of both you and your spouse.
If you decide to file a divorce based on fault, a judge will examine how your spouse’s affair impacted marital property. One way to do this is by determining if community assets were wasted, which involves uncovering the money that was spent on any extramarital partners or in the commission of the adultery. This can include:
- Buying gifts;
- Spending money on travel or lodging;
- Paying for dates and trips; and
- Making purchases in an attempt to hide the affair.
If the wasting of community assets can be proven and quantified, a judge may order this money to be reimbursed to you. A disproportionate division of assets may also be granted in your favor if the court decides that is equitable.
Child custody and visitation?
The best interests of the child will be the driving force behind any custody and visitation orders. So, in most circumstances, your husband or wife’s infidelity will not factor into a judge’s decision on these things. This changes, however, if your spouse’s cheating was also accompanied by dangerous or neglectful behaviors toward your children. Our family law attorneys can determine if any harmful behavior could be linked to infidelity and discuss with you how best to move forward.
Preparation is key when filing an at-fault divorce petition. Having a team of trusted legal professionals on your side can ensure you are ready to face the obstacles ahead. Reach out to us today to schedule a consultation.