Most traditional marriage vows include promises of faithfulness. People enter into marriages with the expectation that their spouses should not have romantic or intimate relationships with other people. Unfortunately, not everyone upholds their marital vows.
Adultery is a devastating form of betrayal. It can forever change an individual’s perception of their spouse and their relationship. Many people cannot move past infidelity and may eventually decide they need to divorce after discovering their spouses’ adultery.
Extramarital affairs are one of the most common causes of divorce in Texas. How can the cheating of one spouse affect the outcome of divorce proceedings?
Adultery is grounds for a fault-based divorce
Texas permits no-fault divorces granted to those who claim insupportability. While most people file for no-fault divorces, those with evidence of unusual circumstances can request a fault-based divorce. Adultery is one of the recognized legal grounds for fault-based divorce in Texas.
Infidelity can influence financial matters
Fault has very little bearing on divorce proceedings. Judges look at financial matters and the length of the marriage, rather than marital misconduct, when dividing marital property. Still, there are certain exceptions in cases involving verifiable adultery.
If there is documentation of one spouse cheating on the other, the courts can impose certain penalties. Frequently, unfaithful spouses spend quite a bit of money conducting their affairs. A careful review of finances can help the other spouse determine the amount of money wasted on an affair or the amount of debt accumulated on adultery-related expenses.
The courts can then factor those amounts into the property division determination. While Texas is a community property state, judges can deviate from a 50/50 split of assets in cases where it is fair to do so.
Typically, infidelity has little to no impact on financial support obligations. Adultery might affect what the courts rule regarding spousal support or alimony if the spouse claiming adultery is not in a position to support themselves after the divorce. The courts are unlikely to consider infidelity when allocating child custody.
Depending on the extent of the infidelity and the financial impact it had on the marital estate, providing evidence about the misconduct of one spouse can sometimes be a worthwhile undertaking. Reviewing financial records and other details about the situation with a skilled legal team can help those preparing for divorce determine the best path forward.