How cheating affects the Texas divorce process

When a Texas spouse finds out that his or her partner has cheated, the result is often divorce. Once the decision to end the marriage has been reached, the spouse who was wronged often believes that the poor choices of their partner will factor into the divorce process, and affect the outcome. In most cases, however, adultery does not carry the weight in court that it does within the home. In other words, cheating may not lead to a divorce settlement that is substantially different from marriages in which adultery played no role.

The courts have the discretion to consider adultery as a causal factor in the divorce. However, there is a great deal of inconsistency in how such behavior is weighed. In cases in which the cheating took a particularly salacious form, the wronged spouse may be able to leverage those facts in his or her favor.

For example, if one’s spouse cheated repeatedly, that behavior may be given more weight than a one-time indiscretion. Furthermore, if the spouse who cheated did so by way of prostitution or online solicitations, that behavior may also be looked at in an unfavorable light. For couples who share children, this type of behavior could be argued as dangerous to the well-being and safety of the kids. This can shift the balance in a custody battle.

Texas spouses who file for divorce after discovery of adultery should make every effort to gain solid legal counsel. Once that task has been completed, it is also important to listen to the advice given, and avoid making decisions based more on emotion than reason. The choices made during one’s divorce will have lasting financial repercussions, and it is essential to move through the divorce process with a clear hand and an even temper.

Source: Huffington Post, Divorce Confidential: A Cheating Heart and Its Role in Divorce, Caroline Choi, Oct. 1, 2013