Divorce laws vary from state to state. Texas has a fault and no-fault-based “grounds” for divorce while other states only have no-fault-based grounds. Having a fault-based ground for divorce just means having a reason for filing for divorce. In Texas, fault-based grounds include criminality, adultery, abandonment, and cruelty.
Most Texans prefer the no-fault-based ground for divorce referred to as insupportability. Before you file for divorce consult an experienced divorce lawyer to know whether to file a fault-based or no-fault-based divorce. Filing on the grounds of adultery could affect your divorce case.
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How Extramarital Affairs Affect Divorce
Does Cheating Affect Divorce Settlement In Texas?
Filing for a fault-based divorce means that the other spouse’s actions caused the divorce. Adultery is defined as sexual intercourse with someone who is not your spouse. Many fault-based divorces in Texas have adultery as the reason for the divorce.
Texas courts consider adultery when making decisions regarding alimony and division of marital property. You can only receive alimony in Texas for the following reasons:
- You are a victim of your spouse’s violent actions that happened within two years before filing for divorce
- You don’t have enough income to pay for basic expenses and your marriage lasted for 10 or more years
- You have a disability and are unable to pay for your basic expenses
- You have a child with a disability that requires on-the-clock care meaning that you cannot work outside your home
If you meet any of the above requirements, the court may grant you alimony. The court will consider a number of factors including adultery to determine the amount and duration of the alimony.
What Happens In A Divorce When There Is Adultery In Texas?
A court may award the spouse that was cheated on a greater share of the marital property during property division. But the spouse that was cheated on needs to prove that the other spouse had sexual intercourse with a third party. You mostly need circumstantial evidence in the form of an email, text messages, or photos to prove adultery, but don’t shy away from using direct evidence.
The court may divide the property 60/40 if you can prove the other spouse cheated. Generally, Texas law requires a “just and right” division of community property. But that just means the court needs to consider that the spouses have equal ownership of the marital property not that the property has to be divided 50/50.
In a situation involving adultery, a court may order the cheating spouse to reimburse the innocent spouse if the cheating spouse financed their affair using the marital property.
Understanding The Legal Definition Of Adultery
One problem with using the terms cheating and adultery interchangeably is that there are many types of behavior that can be described as cheating but do not amount to adultery. Adultery is voluntary sexual intercourse with someone who is not your spouse. Kissing, intimate touching, holding hands and other behavior is cheating but does not qualify as adultery.
The evidence you present to prove that your spouse committed adultery must be clear and convincing. You need to consult an experienced divorce lawyer in Texas if you are thinking of filing for divorce on the grounds of adultery.
