While I don’t have any statistics on the subject to provide you all with, my gut feeling is that infidelity among spouses is more prevalent today than even ten years ago. Maybe this is a result of people losing touch with religion (a trend that can be backed by studies and statistics) and becoming more comfortable with rationalizing their decisions. Now let’s look at What affect can adultery have on a divorce in Texas?
It could be that due to technology
Cheating on your spouse is just simply easier than it has been in prior years so that along has led to an increase in marriages failing because of infidelity.
I didn’t go down this line of thought to be judgmental or to use this blog post as a means to preach a “holier than thou” message. My thought in writing about this subject is purely that infidelity as the cause of the breakup of a marriage is highly relevant. And something that many potential clients and clients of the Law Office of Bryan Fagan, PLLC will ask questions on.
If you’re like most people
Then what you want to know if what sort of impact can infidelity have on your divorce case? This blog post will discuss considerations to make in your own life if infidelity has led to a decision. To file for divorce from your spouse.
Adultery as a “fault” grounds for divorce
Texas, along with many other states, allows you to file for and be granted a divorce from your spouse for no reason at all. Known as a “no fault” divorce, it is the most common reason listed for the divorce in any set of final orders. My favorite thing to tell potential clients in consultations is that you can get a divorce for a very silly reason. As silly as not liking the way that your spouse chews their dinner.
On the other end of the spectrum, however, are what are referred to as fault grounds of which infidelity/adultery is one. Adultery does not mean simply having impure thoughts or flirtatious activity with an adult other than your spouse, however. Adultery as it is applied in divorce cases means that your spouse and another person engaged in sexual activity. While your spouse and you were still married.
| Type of Divorce | Description |
| No Fault Divorce | Texas, along with many other states, allows for a “no fault” divorce. This means you can file for and be granted a divorce without citing a specific reason. It’s the most common reason in final divorce orders. An example of a silly reason could be not liking how your spouse chews their dinner. |
| Fault Ground Divorce (Infidelity/Adultery) | This type of divorce is on the other end of the spectrum. Infidelity, as a fault ground, means more than just having impure thoughts or being flirtatious. It specifically refers to your spouse engaging in sexual activity with another person while still married to you. |
If you suspect that your spouse has been unfaithful
It would follow that you would do whatever you could to determine if your suspicions are correct. As it turns out, a little digging is essentially to proving your adultery allegation to a judge.
Proving adultery in a court of law
A judge will require a clear indication that there has been unfaithful behavior on the part of your spouse. In order to sustain an allegation of adultery. This means that you can present direct evidence (photographs) of an adulterous affair. Or circumstantial evidence (indirect evidence like suspicious credit card charges or emails) to prove the affair had occurred.
Going into a court room with a gut feeling that your spouse is having an affair will likely end with your adultery grounds being tossed out. With this in mind, hiring a lawyer and telling him or her that your spouse is being unfaithful is not going to be enough. You have to turn into a detective of sorts. In order to uncover evidence and provide it to your attorney.
How to collect evidence of adultery
The early bird gets the worm as the old saying goes. This is applicable to our discussion of collecting evidence. To use against an unfaithful spouse in court as well. Without breaking the law (as in, hacking into an email account) it is wise to begin to collect text messages. Phone records or bank statements that may be able to assist you in showing a judge that your spouse has committed adultery. Which contributed in a meaningful way to the demise your marriage.
Social media, including Facebook, Instagram and Twitter, are all resources that you can utilize to keep tabs on your spouse. And possibly uncover any behavior that may be worth presenting to the court in your divorce. It is critical to get to this information as quickly as possible. Due to the possibility that your spouse may delete any questionable posts or completely eliminate their profiles altogether.
Adultery as grounds for your divorce may lead to changes in how property is distributed
The most important reason for proving a fault ground in divorce is significant. If you convince a judge of your spouse’s infidelity, it impacts your divorce basis. This may lead to winning a disproportionate share of the marital property. “Disproportionate” here means being awarded more than a “just and right” share. In most cases, this is over 50% of the marital property.
Simply showing that your spouse committed adultery is not enough
You must demonstrate a loss of benefits that continuing the marriage would have brought. A disproportionate award of the marital estate is not meant to punish your spouse. If infidelity occurred but you can’t prove any other loss, there won’t be a dramatic property award change in your divorce.
The bottom line
You must show how your spouse’s actions destroyed the marriage and how that has affected you. An example would be to show the judge that your spouse spent money on gifts, food, transportation or other items in furthering his or her extramarital affair. This places an even heavier burden on you to collect evidence while you are still able to in order to move forward with your case.
Other Articles you may be interested on regarding Adultery
- Can I sue my spouse’s mistress in Texas?
- When is, Cheating Considered Adultery in a Texas Divorce?
- Is Adultery a Crime in Texas?
- My Spouse Has Accused Me of Adultery in my Texas Divorce and I Haven’t
- Sex, Lies, Rock-and-roll, and Adultery in a Texas Divorce
- Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
- 6 things You Need to Know Before You File for Divorce in Texas
- Texas Divorce Morality Clause: Be Careful What You Ask For
- How Much Circumstantial Evidence is Needed to Prove Adultery In Texas
- What effect does adultery have on your Texas divorce
Frequently Asked Questions
What are the consequences of adultery?
Does adultery matter in Texas divorce?
What happens when a wife commits adultery?
What are the effects of extra marital affairs?
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
