Does Adultery Affect Divorce in TX?

Does Adultery Affect Divorce in TX?

• August 25
• Evans & Herlihy
• Family Law

If your spouse cheated on you, you may want to know does adultery affect divorce in TX. Most states in the United States do not require you to give a specific reason to file for divorce. Many people file saying simply that there are “irreconcilable differences,” which could mean almost anything, from differences in eating habits to differences in religion. However, in Texas, adultery can have a major impact on divorce proceedings. If one party can prove that the other is committing adultery, the judge may take that into account when considering property division and alimony.

In Texas, you are allowed to file for a no-fault divorce. Many people might choose to have a no-fault divorce even if the other party is cheating, simply because a no-fault divorce may be less stressful. With a no-fault divorce, the involved parties simply present the information necessary to split up the assets and liabilities and make decisions about the children. If you are not sure what you should do, we can help. Speak with our divorce attorney about what would be best in your situation.

Does Adultery Affect Spousal Support in TX?

Texas is one of the states that allow some parties to collect alimony after a divorce. The circumstances may vary, but basically, the principle behind alimony is to make sure both parties can get off to a good start after the divorce. One common example of when alimony might be allowed is when one party spent several years out of the workforce raising the parties’ children, and now the person who needs to get back into the workforce may need additional training or schooling in order to make a decent living. Texas only awards spousal support in some situations, such as:

• when the parties have been married at least 10 years, but one of the parties can’t earn enough to pay basic living expenses
• one spouse cannot work because he or she is caring for a child with a disability
• one spouse committed domestic violence against the other within 2 years of the divorce
• the spouse asking for alimony has a disability preventing them from making enough money to meet basic expenses.

The amount of the award is based on many factors, including the need of the petitioning party, whether there was domestic violence, and the earning ability of both. The judge can change the award if your circumstances change in the future.

Does adultery affect spousal support in TX? It very well might. If one party can prove that the party asking for alimony committed adultery, the judge may deny the request for spousal support entirely. In that case, the party committing adultery is the one who caused the marriage to break up, so awarding alimony would be rewarding the adulterer for breaking up the marriage.

How Does Adultery Affect Your Divorce?

If you want to know how does adultery affect your divorce, know that it can affect who gets what. An adulterer may receive a smaller award when the courts are dividing up marital assets. If one party is the cause of the marital breakup, the courts may find that it is “just and fair” to distribute the assets differently. Both parties contribute to the marital estate, but the adulterer is responsible for the damage caused in the marriage.

The most important part of your marriage is your children. Regardless of what the adults did during the marriage, the children are innocent of any wrongdoing.

Does Adultery Affect Child Support and Custody Arrangements in a Divorce?

The principles behind determining child support and custody are based on what is best for the children. Because of that, adultery does not change anything about how the courts make decisions about child support and custody unless something specific about the circumstances affects the children.

If you believe your children need extra protection from the courts because of an unfaithful partner, ask our divorce attorney whether you can petition the court for other kinds of restrictions. For example, some partners simply don’t want their former spouse to bring around a new love interest, but others are worried about specific, inappropriate situations.

Can You Sue for Adultery in TX?

One of the biggest problems with suing for adultery in Texas is that it may be difficult to prove. In order to prove that the other party is cheating, you will need to provide evidence to the court. Your spouse is unlikely to admit to being unfaithful, even if you believe you have good proof. Unless you hired a private detective to get pictures, you may need to present a complicated case, with phone records, bank statements, and other proof that your spouse was cheating. Adultery is private by its very nature, and it may be very difficult to prove. Even an uncontested divorce can last for a long time and be very expensive, and extra issues will draw out the process even longer.

However, if you do decide to sue for adultery, you may have very good reasons. In some cases, the court may decide you simply deserve more from the marriage if you find out that your partner was cheating on you. In other cases, it may be important to you to sue for adultery simply because it is important to prove what happened and that you were the injured party. Speak with our family law attorney, who will give you your options and help you decide what is really best for you and your family. A judge can even consider evidence of an affair after you have separated and are living apart.

No divorce is easy, but a divorce where adultery is involved can be even more painful than normal. Don’t forget that anything you share with your divorce attorney is confidential. You don’t have to worry about having your information shared with anyone else. If you think your spouse is cheating, or if you have any other questions about divorce, please call Evans & Herlihy at (512) 732-2727 today.