Adultery: The Consequences in Texas

Adultery consequences in Texas go far beyond broken trust—they can seriously impact the outcome of your divorce. In the eyes of Texas law, cheating isn’t just a personal betrayal; it’s a factor the court may consider when dividing property, awarding spousal support, and even evaluating custody arrangements. If you believe your spouse has been unfaithful, or if you’re facing accusations yourself, it’s crucial to understand how adultery consequences in Texas can affect your legal standing. This isn’t just about blame—it’s about safeguarding your rights and securing your future during a challenging time.

What Counts as Adultery Under Texas Law

Texas defines adultery as a married person voluntarily engaging in sexual intercourse with someone other than their spouse. This doesn’t include emotional affairs, flirting, or texting, even though those can cause strain in a marriage.

Courts need proof. Allegations without evidence won’t affect the outcome. Proof can include:

• Witness statements
• Photos or videos
• Hotel receipts
• Texts, emails, or call logs
• Private investigator reports

Proof doesn’t need to show the act itself. Courts may accept circumstantial evidence if it clearly suggests a sexual relationship took place.

No-Fault vs Fault-Based Divorce in Texas

Texas allows both no-fault and fault-based divorce. In a no-fault divorce, you only need to say the marriage has become insupportable. But in a fault-based divorce, you must prove that your spouse caused the marriage to fail. Adultery is one valid ground.

Filing based on adultery may take more effort, but could result in a better outcome in property division or spousal support.

Impact of Adultery on Property Division

Texas follows community property rules. This means anything earned or acquired during the marriage usually belongs to both spouses. But when adultery happens, the court may decide to divide property unequally.

Key considerations:

• The court may award a larger share to the faithful spouse
• Judges may penalize a spouse who used community funds to support an affair
• If adultery contributed to the breakdown of the marriage, it may affect what’s “just and right”

For example, if your spouse spent marital money on trips, gifts, or rent for a partner, the judge may give you a greater share to balance out the loss.

Wasting Community Assets

Spending shared money on an affair is called “wasting community assets.” Courts take this seriously. If proven, the judge may reimburse the innocent spouse by awarding them a larger part of the remaining property.

Common examples:

• Paying for hotels or trips
• Buying gifts or jewelry
• Secret bank withdrawals
• Transferring funds to the other person

Keeping detailed financial records can help prove waste. Credit card statements, wire transfers, and emails may become key evidence.

Does Adultery Affect Alimony in Texas?

Texas courts call alimony “spousal maintenance.” It isn’t guaranteed. To qualify, a spouse must show they lack enough property or income to meet basic needs.

If the cheating spouse seeks alimony, the judge may deny or reduce it. If the faithful spouse requests alimony, the court may view them more favorably.

Texas law doesn’t require the court to punish cheating with alimony decisions, but judges often consider it when deciding fairness.

Does Adultery Affect Child Custody?

Courts focus on the child’s best interest in custody cases. Adultery by itself doesn’t usually affect custody. Judges care more about parenting ability, stability, and the child’s emotional well-being.

But adultery can matter if:

• The cheating parent exposed the child to the affair
• The child met the other person
• The affair caused neglect, absence, or tension at home
• The parent moved out to live with a new partner
• The relationship created emotional or behavioral issues in the child

Texas courts don’t judge morality alone. They focus on how a parent’s actions affect their ability to care for the child.

How Adultery Affects Divorce Proceedings

Besides property and custody, adultery can change the tone of the entire case. It often leads to contested divorces, longer court battles, and higher legal costs.

Possible effects:

• Less cooperation between spouses
• Delays in negotiations
• Increased use of private investigators or forensic accountants
• Emotional strain for children
• Need for court-ordered discovery to gather proof

Some spouses may push for public court hearings to expose the affair. Others may use the threat of revealing evidence to gain leverage in settlement talks.

Should You File for Divorce Based on Adultery?

Choosing to file on grounds of adultery depends on your goals. You may want to avoid the extra effort if your spouse is willing to agree on major issues. But if they spent shared money on an affair or deny wrongdoing, fault-based divorce may help you protect your interests.

Talk to a lawyer before making the decision. They can help you weigh the cost of proving adultery against what you might gain in court.

Can You Still Get a Divorce if You Forgave the Affair?

If you knew about the adultery and stayed in the relationship, the court may decide you forgave it. This is called condonation. It could limit your ability to file for divorce on those grounds later.

However, if your spouse committed adultery again or the relationship never recovered, you can still use it as a reason. The court will look at timing and behavior to decide.

Tips if You Suspect or Know About an Affair

Taking the right steps early can protect you legally and financially. If you believe your spouse is cheating, avoid confrontation without a plan.

What to do:

• Stay calm and avoid reacting online or in person
• Secure financial documents
• Avoid sharing your suspicions with mutual friends
• Change passwords to protect your accounts
• Talk to a divorce attorney before confronting your spouse
• Consider hiring a licensed investigator

Gather evidence legally. Recording private conversations without consent or accessing private messages without permission may backfire in court.

What If You’re the One Who Cheated?

If you had an affair, take the situation seriously. Courts in Texas may weigh your actions when deciding property and support. Your best move is to be honest with your lawyer and avoid further harm to your case.

Avoid introducing the new partner to your children or spending large amounts of money on the relationship. Keep communication civil and avoid saying anything damaging in texts or social media.

Your lawyer can help you address the issue without making things worse.

Final Thoughts

Adultery consequences in Texas can have a significant impact on the outcome of a divorce. While adultery won’t prevent you from getting divorced, it can influence how assets are divided and whether spousal support is awarded. If you’re the faithful spouse, the court may award you a greater share of the marital property or give more weight to your claim for support. On the other hand, if you’re accused of cheating, it could lead to financial penalties or reduced leverage in negotiations.

Texas courts prioritize fairness, but they rely on clear evidence—not assumptions. Understanding how adultery consequences in Texas play out in court can help you prepare strategically and protect your interests during the divorce process.

Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan

If you have any questions about the material contained in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as about how your family’s circumstances may be impacted by the filing of a divorce or child custody case.

Other Related Articles:

• How Adultery Impacts Divorce Outcomes in Texas: What You Need to Know
• Understanding the Effects of Adultery on Children: Insights from Texas Family Law
• Comparing Adultery Laws in Texas to Other States
• Texas Adultery and Child Custody: What You Need to Know
• Legal Consequences of Dissipating Marital Assets in Texas
• Is Consent a Defense to Adultery in Texas? Legal Insights You Need
• How Proof of Adultery Affects Alimony in Texas: What You Need to Know
• When Is Cheating Considered Adultery in a Texas Divorce?
• Does NCIS Investigate Adultery?
• Assessing the Impact of Adultery on a Texas Divorce