Infidelity & Divorce: What to Expect in Texas

You might be wondering if infidelity as a cause for divorce entitles you to additional marital assets in Texas. According to Texas law, you could be eligible for a greater share of the assets and a custody order that better benefits you. But this type of divorce comes with its own unique set of challenges you and your attorney might face.
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There Must for Grounds for Fault

When you seek to file for divorce in Texas, you’re entitled to file for a no-fault divorce or a divorce based on fault—in this case, adultery. If you choose to file a divorce based on fault grounds, you will need significant evidence of adultery for your case. Often, adultery can’t be necessarily proven without a doubt, making it simpler to pursue a no-fault divorce.
Pursuing a fault divorce, even with specific evidence, may not necessarily end with a final ruling in your favor. The court will need to decide if the fault is worth the ruling.

What Counts as Evidence?

The court will require hard evidence of a spouse’s adultery. This evidence might include communication records such as emails, social media interactions or phone records. Other evidence could include credit card statements that communicate community property that was spent on another party tied to the affair. An attorney can help you decide which evidence is worth bringing up in court.

What About Property and Alimony?

In Texas, property prior to marriage and community property that is acquired during the marriage is treated differently. Most of the time, marital property is split as evenly as possible between spouses. But if adultery can be proven as the cause of the divorce, you may be entitled to a greater share of the marital property.
Alimony is not fault-based in Texas. This means that alimony is not a given and proving adultery won’t sway the court’s decision for or against it. If domestic violence is involved, or the marriage has lasted for over 10 years, the court generally considers alimony, especially for individuals who can’t financially support themselves.

Considering Divorce Due to Adultery?

For any divorce, whether no-fault or for adultery accusations, it’s best to reach out to an attorney prior to making any decisions. To learn more about adultery and divorce in Texas, send us a message today!