The varying reasons behind a couple’s choice to divorce can affect the outcome of that divorce in Texas. This is especially true when adultery is a main factor in the divorce. Adultery can affect how the family court views the adulterer and what the filing spouse is entitled to as a result. It is also an issue that divorce lawyers commonly see as a contributing factor in many divorces. Yet before a spouse can list adultery as the reason for their divorce, divorce attorneys advise that you must be able to prove this in order to claim that as a cause for divorce.
Adultery As Grounds for Divorce in Texas
In the state of Texas, any couple may file for a no-fault divorce or one spouse may file for a fault divorce under certain grounds. Adultery is one such ground for divorce. Adultery is a common factor in many divorces; however, many spouses choose no-fault divorce as their grounds. This happens because of the challenge presented to spouses and their divorce lawyers to prove that adultery has been committed in order for a divorce to be granted based on adultery. Many decide it is just easier and less costly to request a no-fault divorce.
How Adultery Can Affect Divorce Outcome
When divorce is filed on the grounds of adultery and it can be proven by the filing spouse, it can greatly affect the outcome of the divorce. Texas is a community property state; however, when adultery can be proven, the filing spouse may be awarded a larger share of the marital property based on specific circumstances. Adultery can also be a significant factor in terms of child custody orders, as the family court decides custody based on what is best for the child. If a spouse’s adultery poses a risk for involved children, the filing spouse could be given greater consideration in the custody order.
One concern that divorce attorneys advise is not affected by grounds of adultery is spousal support. In Texas, spousal support is not considered based on fault but on specific conditions that warrant the payment of spousal support. Some of these conditions include domestic violence, disability, or a marriage that has lasted longer than 10 years, with one spouse being unable to support themselves.
Proving Adultery When Filing for Divorce
When spouses want to pursue a divorce on the grounds of adultery, it is up to their divorce lawyers to prove that adultery has actually been committed. This must be done by providing evidence of adultery to the court, including things such as emails, credit card statements, proof that money has been taken from community property and spent on extramarital affairs, records of social media interactions, and any other available proof. If the information submitted is convincing and accepted as proof that adultery has been committed, the divorce will be granted on such grounds. The filing spouse may also receive additional consideration with the division of marital property and other issues listed above.
Divorce attorneys understand that adultery is a serious issue that can destroy a marriage. Adultery is grounds for a fault divorce in Texas. Filing spouses can sometimes receive greater consideration by the family court when they and their divorce lawyers can prove that adultery has been committed, although actually proving adultery may be more challenging than might be expected. Anyone considering filing for divorce on the grounds of adultery should discuss their circumstances with experienced divorce attorneys who can help them determine if proving these charges is possible.
Garza and Elizondo, Attorneys at Law LLP
680 E. St. Charles St, Suite 600
Brownsville TX 78520
1393 E. Alton Gloor Blvd, Suite
Brownsville TX 78526