How Does Adultery Affect a Divorce?

Adultery is one of the most common causes for a married couple to seek divorce. However, in most states, adultery doesn’t have much of an impact on a divorce unless specific terms are met during the discovery process.

In Texas, adultery may not be a massive game changer in the outcome of a divorce, but our courts do look deeper into a divorce that’s wrought with infidelity. 

Here are some of the approaches your divorce lawyer can help you take if you are in the midst of a failing marriage due to a messy affair.

You Can Go for a Fault or No Fault Divorce

Texas is a no fault divorce state; meaning that a couple can get divorced without having to prove a particular reason like an affair. However, if your divorce is a no fault dissolvement, an affair will have minimal impact on the outcome of your case.

Should you opt for an at-fault divorce where infidelity is the main reason behind the separation, there could be some significant changes in how the courts rule over your divorce. However, getting the proof that your spouse cheated can be an expensive and complicated task.

What Needs to Be Proven in a Fault-Based Divorce?

If only it was enough to just proclaim to the courts that your spouse cheated and you deserve “more” out of this divorce. However, adultery is typically a very sneaky act, so in order to prove that your spouse cheated and substantially harmed your marriage, the courts will need documentation of the adultery.

Evidence of an affair that can help further your case includes:

• Phone Records
• Credit Card Statements
• Bank Statements
• Receipts
• Text Messages
• Emails
• Photographs

Direct Harm Could Lead to Child Custody Issues

In most cases, adultery doesn’t have an effect on child custody matters. Essentially, a failed marriage doesn’t always equate to a failed parent. In some cases where a child is put into direct harm as a result of an affair, child custody and visitation rights could swing in favor of the parent who was a victim of the affair. 

Direct harm could include issues like your spouse taking your children to a motel while they rendezvous with their accomplice. Another deep form of direct harm could be if the affair has a significant mental and emotional impact on your children (i.e. an affair with a child’s teacher).

Martial Waste Could Have Consequences

If you can prove that your spouse spent a significant amount of your marital funds on their affair, this could have an impact on asset division.

In instances where marital waste occurred, a judge can order the cheating spouse to compensate their ex for half of the assets that were used throughout the affair, including after separation.

This is due to the affair making the assets of the marriage unevenly divisible based on Texas’ “fair and just” asset division rulings.

Caught Your Partner in the Act? Start the Divorce Process with the Nilsson Legal Group, Today!

If you are in the process of getting divorced because of infidelity, reach out to the Fort Worth divorce lawyers at the Nilsson Legal Group. We have experience with uncovering winning evidence during the discovery process and can help ensure that your divorce outcome extends beyond the lackluster of “irreconcilable differences.”

Contact us today to schedule a free consultation with a member of our firm.