Will Adultery Affect a Divorce Case in TX?
Adultery is a common reason why married spouses decide to get divorced in Texas. When one spouse is unfaithful, it can complicate and impact the divorce process in different ways, and you should always openly discuss the matter with your Tarrant County divorce lawyer.
Grounds for Divorce
If you are filing for divorce because your spouse had an affair, you will need to decide whether or not to cite fault-based or no-fault grounds for divorce. The type of grounds you cite can impact the divorce process, as the law requires you to sufficiently prove any fault-based grounds stated. This means you will need to provide evidence of adultery if you state this as the reason for your divorce. While circumstantial evidence is acceptable, it can still be a painful process to present signs of the affair - often, text messages, credit card statements, and similar documents.
Just because fault-based grounds of adultery might apply in your case does not mean you are required to use this ground. You can decide to proceed with a no-fault divorce, which might be a simpler process. You should always discuss this decision with your divorce attorney who can advise you.
Division of Community Property
Texas allows courts to consider adultery as a factor in the distribution of community property, and the spouse who was unfaithful might get a smaller portion of their shared assets and property. This is especially true if the unfaithful spouse used community assets to fund the affair, including trips, hotel rooms, gifts, meals, and more. That should be taken into account when deciding how property should be fairly divided.
Family courts generally do not consider adultery when making decisions regarding conservatorship or child support. The parent’s decision to have an affair should not impact their ability to be a good parent. An exception to this might be when the unfaithful parent abandons the child in favor of their affair or is living a promiscuous lifestyle and exposing the child to many different partners or questionably moral behavior.
Consult a Tarrant County Divorce Attorney for Help
The Hoppes Law Firm takes on complex divorce cases involving adultery and other forms of marital misconduct. Our Tarrant County divorce lawyer can evaluate the best options for your divorce and help you every step of the way. Call 817-283-3999 or contact us online to schedule your consultation and learn how we can assist you.