How Does Adultery Affect Divorce in Texas?

Many spouses who’ve been victims of marital infidelity wonder how adultery affects a divorce settlement. So, does a cheating spouse impact the outcome of a divorce? Possibly. 

How much an affair affects a divorce settlement depends on your specific situation. Adultery can impact the distribution of your marital assets and child custody decisions, but there’s no guarantee that it will. The type of divorce you seek, whether you have proof of the affair, how much money a spouse spent on the affair, and other factors play vital roles in the outcome of your divorce.

The Dallas, TX divorce attorneys at Balekian Hayes know how devastating affairs can be and can fight for your interests in a Texas divorce. We’ll handle all the paperwork for you and make a compelling case for why you should receive a greater share of your assets because your spouse cheated on you. We can also help you make a strong case for child custody if your spouse had an affair. Read on to learn more.

Grounds for Divorce in Texas

Texas law outlines seven different grounds for divorce. First, there are two grounds for a no-fault divorce:

• Insupportability – “Insupportability” means that the marriage can’t continue because of conflicts or differences that destroy the relationship and make reconciliation impossible. This is a no-fault form of divorce.
• Living Apart – If the spouses have lived apart for at least three years, they can get a divorce.

The remaining grounds for divorce are all based on fault:

• Cruelty – If one spouse treats the other cruelly to the point that the spouse’s actions create unbearable living conditions, the court can grant a divorce to the abused spouse.
• Adultery – When one spouse cheats on the other, the court may grant a divorce to the spouse who was cheated on.
• Conviction of a Felony – If a spouse is convicted of a felony and imprisoned for at least one year without a pardon, the other spouse can get a divorce. This rule does not apply if the conviction was based on the other spouse’s testimony.
• Abandonment – If a spouse leaves with the intention of abandonment and stays away for at least one year, the court can grant a divorce to the abandoned spouse.
• Confinement in a Mental Hospital – If a spouse has been confined to a mental hospital for at least three years and their condition is unlikely to improve or is likely to relapse, the other spouse can get a divorce.

A judge is more likely to grant one spouse a larger share of a couple’s marital assets in a fault-based divorce. So, if the spouse seeking a divorce can prove that the other spouse cheated, an affair can have a significant impact on the outcome.

Does Cheating Affect a Divorce Settlement in Texas?

It depends on the type of divorce a couple seeks and other factors. If one spouse cheated during the marriage, the other spouse can seek a fault-based divorce, which can impact what marital assets they receive and child custody decisions.

However, fault-based divorces often take longer and cost more than no-fault divorces. Accordingly, some couples choose to use the no-fault divorce process even if one spouse cheated. They may want to complete the process more quickly to avoid the expense and emotional turmoil of a fault-based divorce.

Even in a fault-based divorce, an affair might not significantly impact the outcome. The spouse seeking a fault-based divorce must provide proof of the affair. Furthermore, there’s no legal rule saying judges have to consider adultery when making decisions regarding the division of marital assets. Many judges will take an affair into account, but it will likely be one factor among many as they try to reach a fair outcome in the case.

If you want to make the case for a fault-based divorce and receive a greater share of your marital assets, you’ll need help from an aggressive and knowledgeable attorney. They can gather evidence to prove the affair argument and help you make a compelling argument for a larger share of your marital property. 

Does Adultery Affect Child Custody in Texas?

In Texas, the guiding principle judges must follow when making custody decisions is to do what’s in the child’s best interests. An affair does not necessarily mean that a spouse is a bad parent or that they can’t provide for their child.

However, judges want children to grow up in loving, trusting homes. An affair is a violation of trust and may demonstrate poor judgment by a spouse. So, if the cheating spouse brought their affair partner home while the child was present or engaged in other poor behavior (such as wasteful spending during the affair), their actions might affect a judge’s custody decision.

To obtain sole custody of your child after your spouse cheated on you, you may have an uphill battle on your hands. But by working with an experienced divorce lawyer, you can make a strong case to the courts. Your attorney can help you show why the other spouse is a poor parent and demonstrate how having sole custody would be in your child’s best interests.

How Our Dallas Divorce Lawyers Can Help If Your Spouse Cheated on You

If your spouse cheated on you, the Texas divorce attorneys at Balekian Hayes can provide crucial support and guidance. We understand the emotional and financial impact of adultery on a marriage.

Our team will guide you through the complex legal process and fight for your rights and interests every step of the way. We will work diligently to gather evidence of the affair and build a strong case to fight for a favorable divorce settlement. This can include seeking a larger share of marital assets or alimony. Additionally, if you have children, we will advocate for your custody rights, demonstrating how your spouse’s actions may affect their well-being.

Let Balekian Hayes support you in achieving the best possible outcome during this challenging time. Call us today or reach out online for a consultation.