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Infidelity and divorce in Texas

On Behalf of | Apr 16, 2024 | Divorce |

When a couple first gets married, they may promise to forsake all others and be faithful to each other. Unfortunately, a spouse may end up breaking their promise by getting romantically involved with a person outside of their marriage without their spouse’s consent. Infidelity is one of the leading causes of divorce and can impact several issues that arise during the divorce process.

Do I need to cite infidelity in my divorce petition?

A Texas attorney with experience in family law can help you file for a fault or no-fault divorce, depending on the circumstances. If you choose to file for a no-fault divorce, you may simply cite “irreconcilable differences” as the reason for your divorce. If you file a no-fault divorce, you are basically saying that you and your spouse are ending your marriage because you can no longer get along.

Depending on the circumstances, you may also file for a fault-based divorce in which you list grounds for the divorce. At this point, you can list adultery as the grounds. The adultery may have occured at any point during the marriage before the divorce is finalized.

Adultery can impact several issues that may arise in a divorce. Here are few issues that may be affected by adultery:

  • Alimony (maintenance): If a spouse is eligible to receive spousal maintenance, the court will then consider several factors when determining the amount and duration of the maintenance, including whether a spouse engaged in adultery.
  • Property division: In community property states like Texas, the court will divide the property fairly between the parties. However, if one spouse committed adultery, the other spouse may receive a larger portion of the marital assets.
  • Child custody: Generally, adultery will not impact child custody, as the court is always focused on the child’s best interests. However, if the parent’s adultery is proven to have negatively affected the child, custody may be affected.

Infidelity is more common in marriages than we would like to believe, but it can be difficult to prove. If you know your spouse has been unfaithful, it is possible that their actions may impact many aspects of your divorce proceedings.