When a marriage ends because of infidelity, emotions can run high, and the sense of betrayal often feels overwhelming. Even so, it’s important to understand the specifics of infidelity divorce law in Texas. This guide looks at how Texas law treats infidelity and how it may affect the outcome of your divorce.
Common forms of evidence in Texas divorce proceedings:
- Direct Evidence:
- A statement from the cheating spouse admitting the affair.
- Testimony from the affair partner.
- Direct evidence of adultery must be shown in court to prove the fault ground.
- A statement from the cheating spouse admitting the affair.
- Testimony from the affair partner.
- Direct evidence of adultery must be shown in court to prove the fault ground.
- Circumstantial Evidence (more common):
- Text message exchanges showing the nature of the relationship.
- Email correspondence confirming the affair.
- Phone records showing frequent contact with the affair partner.
- Credit card or bank statements for gifts, hotel rooms, or trips linked to the affair. Financial records help show lost marital assets.
- Photographs or videos placing the spouses in suspicious situations. Always follow privacy laws.
- Social media posts or messages hinting at an intimate relationship.
- Witness testimony from those who saw behaviors suggesting an affair (public affection, overnight stays).
- Reports from a licensed private investigator describing the spouse’s activities.
- Text message exchanges showing the nature of the relationship.
- Email correspondence confirming the affair.
- Phone records showing frequent contact with the affair partner.
- Credit card or bank statements for gifts, hotel rooms, or trips linked to the affair. Financial records help show lost marital assets.
- Photographs or videos placing the spouses in suspicious situations. Always follow privacy laws.
- Social media posts or messages hinting at an intimate relationship.
- Witness testimony from those who saw behaviors suggesting an affair (public affection, overnight stays).
- Reports from a licensed private investigator describing the spouse’s activities.
What Counts as Infidelity in Texas Divorce Law?
In Texas divorce law, infidelity means a married person has sexual intercourse with someone who is not their spouse. This is called adultery. If a spouse commits adultery, it is seen as marital misconduct. The law focuses on actual sexual acts. Emotional affairs are hurtful but don’t count as adultery unless there’s sexual intercourse.
Adultery is a type of marital misconduct. Proof of adultery can change what the family court decides during divorce proceedings. It’s important to know the difference between emotional and physical affairs when thinking about your legal choices.
How Infidelity Affects Divorce in Texas
Texas is mostly a no-fault divorce state. This means spouses don’t need to prove who caused the marriage to end. However, if a spouse commits adultery, it can influence the divorce case.
In some situations, a cheating spouse’s actions can affect court decisions. This is especially true for:
- Property division
- Alimony
The court may look at how the cheating spouse’s behavior affected the marriage. If the spouse wasted marital funds on an affair, it could change how assets are divided. The court might also consider adultery when deciding on spousal support. If you are dealing with infidelity, it’s important to understand how these factors can impact your divorce proceedings.
Infidelity by the Numbers
Couples who deal with an extramarital affair are more than twice as likely to divorce. This is based on a 2014 study in the Archives of Sexual Behavior, indexed by the National Library of Medicine. The research looked at the National Health and Social Life Survey. It showed that infidelity greatly raises the chance of a marriage breaking up.
Why this matters: Infidelity often leads to divorce. Because of this, Texas courts still consider adultery a fault-based divorce factor. This is true even though no-fault rules are the norm.
Property Division
Texas is a community property state. This means assets gained during the marriage usually belong equally to both spouses, following the principle of equitable distribution. Most of the time, family courts aim for a “just and right” division, which often results in a near 50/50 split. However, if one spouse committed adultery, the court may give the other spouse more of the community estate.
Judges look at the specific circumstances of each case, including the extent of the marital misconduct, when deciding on property division. This uneven split can happen if the adulterous spouse wasted marital funds on the affair partner. This misuse, sometimes called “fraud on the community” or a “waste claim,” involves gifts, travel, or any spending that benefited the other relationship. To receive a larger share, the wronged spouse must show evidence of the money spent on the affair. An experienced divorce attorney familiar with divorce proceedings in Fort Worth can help track these funds and present proof in court.
Judges look at how much community money was wasted and the case’s overall facts when deciding on property division. Spending large sums on an affair may justify giving the innocent spouse a bigger portion of what’s left. This is particularly true for high net worth divorce cases where there’s more at stake. Paying attention to the Texas Family Code is essential, especially in Tarrant County family courts.
Waste‑Claim Impact Calculator
When Community Funds Are Spent on an Affair: A Lawyer’s Perspective
I once represented a wife who suspected her husband had used their joint account to support an extramarital affair. She saw charges for pricey dinners, hotel rooms, and gifts that made no sense. We gathered bank and credit card statements, checking every suspicious payment. It took time, but in court, we showed clear proof of how much community money went toward the affair. The judge counted this “waste” against the cheating spouse and granted my client a larger share of the remaining assets. This case showed me how important it is to watch for misused funds and act quickly if you think marital assets are being spent on someone else. Under Texas law, the goal is to make things fair, especially when one spouse’s actions damage the other financially.
Case Study: Adultery After Separation Still Counts in Property Division
In Stafford v. Stafford, 726 S.W.2d 14 (Tex. 1987), the Texas Supreme Court decided that adultery after separation but before the divorce is final can still affect how marital estate property gets divided. In this case, the husband began an extramarital affair after the couple separated. The Court said the trial court could consider post-separation adultery when giving the wife a larger share of community assets. This ruling is key because it shows that a spouse’s legal duty of fidelity continues until the divorce is final, not just until the pair stops living together. It’s still a guiding rule in many Texas divorce proceedings.
Spousal Maintenance (Alimony)
Infidelity can factor into spousal maintenance decisions in Texas. This form of financial support, sometimes called alimony, isn’t automatic. The spouse asking for spousal support must meet conditions set by the Texas Family Code, and in cases involving adultery, the cheating spouse may face challenges in receiving alimony.
If the spouse who wants alimony is also the one who cheated, the court may reduce or deny the alimony award. On the other hand, if the faithful spouse requests it and meets the legal requirements, judges may look more kindly on the claim because of the adulterous spouse’s behavior. Courts have a fair amount of freedom and consider various factors, including the details of the affair.
Proving adultery can bolster a claim for spousal maintenance if you’re the wronged spouse, as long as you meet the other rules (like the length of the marriage and an inability to earn enough). Speaking with a Southlake divorce lawyer helps clarify how adultery can change your divorce case, especially regarding spousal support and the applicable sections of the Texas Family Code.
Child Custody and Support
Texas courts always aim to serve the best interests of the child in custody cases. Infidelity by itself usually won’t stop a parent from having custody or visitation. Instead, the court focuses on whether the parent’s home is stable and supportive.
A parent’s behavior linked to the affair can, however, matter if it puts the child’s emotional or physical health at risk. Examples might be bringing the child around the affair partner in unsafe conditions or ignoring parenting duties because of the affair. For example, if a parent’s behavior linked to the affair puts the child’s emotional or physical health at risk, such as bringing the child around the affair partner in unsafe conditions, it can influence custody decisions. The court also considers whether the cheating spouse introduced the lover to the children. In other words, custody decisions hinge on a parent’s actions, not just the fact they had an affair.
When it comes to child custody arrangements, Texas courts look at whether issues like domestic violence or substance abuse are in play. If adultery or other marital misconduct leads to these kinds of dangers, it can affect custody. Generally, courts try to shield children from divorce proceedings and the fallout of infidelity. Child support is calculated using state guidelines. Infidelity usually doesn’t change the support amount unless custody changes in a big way.
Southlake child custody rules can be complicated. A family lawyer can explain how certain behaviors might appear before a judge. Often, the court issues temporary orders early in the divorce process to handle custody, visitation, and support until the divorce is final.
Proving Infidelity in a Texas Divorce Case
If you plan to claim that infidelity should affect property division or spousal support, you must prove infidelity to the court. Suspicion is not enough. You need solid evidence. A skilled divorce attorney can help you gather evidence of adultery in a legal way.
Common forms of evidence in Texas divorce proceedings:
- Direct Evidence:
- A statement from the cheating spouse admitting the affair.
- Testimony from the affair partner.
- Direct evidence of adultery must be shown in court to prove the fault ground.
- A statement from the cheating spouse admitting the affair.
- Testimony from the affair partner.
- Direct evidence of adultery must be shown in court to prove the fault ground.
- Circumstantial Evidence (more common):
- Text message exchanges showing the nature of the relationship.
- Email correspondence confirming the affair.
- Phone records showing frequent contact with the affair partner.
- Credit card or bank statements for gifts, hotel rooms, or trips linked to the affair. Financial records help show lost marital assets.
- Photographs or videos placing the spouses in suspicious situations. Always follow privacy laws.
- Social media posts or messages hinting at an intimate relationship.
- Witness testimony from those who saw behaviors suggesting an affair (public affection, overnight stays).
- Reports from a licensed private investigator describing the spouse’s activities.
- Text message exchanges showing the nature of the relationship.
- Email correspondence confirming the affair.
- Phone records showing frequent contact with the affair partner.
- Credit card or bank statements for gifts, hotel rooms, or trips linked to the affair. Financial records help show lost marital assets.
- Photographs or videos placing the spouses in suspicious situations. Always follow privacy laws.
- Social media posts or messages hinting at an intimate relationship.
- Witness testimony from those who saw behaviors suggesting an affair (public affection, overnight stays).
- Reports from a licensed private investigator describing the spouse’s activities.
All evidence must be collected legally. Hacking emails or using illegal wiretaps can carry serious penalties and may make your proof useless in court. An experienced divorce attorney can suggest safe, lawful ways to gather evidence.
The Role of Fault in Texas Divorces
Though Texas uses a no-fault system based on “insupportability”, it also allows fault-based grounds like adultery. In many states, adultery can serve as a legal grounds for divorce, affecting the court’s decisions.
By filing for a fault-based divorce, you tell the court that marital misconduct is a main issue. This can give you an edge in division of marital property or spousal maintenance negotiations. A judge may give the wronged spouse more community assets if adultery is proven.
However, a fault divorce can be more adversarial and pricey. You’ll have to prove the infidelity, which can involve invasive discovery or tense testimony. Deciding whether to file fault-based or no-fault should be a joint decision with your divorce lawyer.
How Infidelity Divorce Law Impacts Financial Decisions
Infidelity can lead to huge financial effects, well beyond splitting assets. It’s especially important in high net worth divorce cases, where large sums or businesses are at stake. It’s important to note that adultery is just one of many factors that courts evaluate when making financial decisions in a divorce.
Dissipation of Assets / Waste Claims
As noted, if a cheating spouse uses marital funds to benefit an extramarital affair, it’s considered a waste of marital assets. The other spouse can seek repayment by filing a waste claim. This involves pinpointing and proving the exact amounts spent.
- Detailed Financial Records: Your lawyer will want bank statements, credit card bills, and receipts.
- Investigative Accounting: Forensic accountants may help if the spending is complex.
- Court Adjustments: If the court confirms the waste, it can award the wronged spouse more of the remaining community property.
Business Valuations in High Net Worth Divorce
If a couple owns a business, infidelity can indirectly affect its worth. An affair might harm the business’s reputation or revenues, which can matter when splitting property. Also, if community money was diverted from the business to pay for the affair, it changes how much of the business’s value is left for the division of assets.
Retirement Accounts and Other Assets
Retirement savings, stock options, and other investments from the marriage are usually community property. If an unfaithful spouse tapped these accounts to fund the affair, the court can adjust what’s left so the injured spouse isn’t unfairly harmed. For instance, if one spouse used money from a joint account to buy gifts for the affair partner, that sum may be added back into the community pot before dividing assets.
Protecting Yourself During an Infidelity Divorce
Divorce from a cheating spouse is tough, both legally and emotionally. Here are some good idea steps to help you cope and defend your rights:
- Consult a Lawyer Early: Get legal advice from an experienced family law attorney who knows the Tarrant County courts, and seek professional legal advice to navigate the complexities of your case.
- Gather Documentation: Collect text messages, credit card bills, or other circumstantial evidence of the affair.
- Secure Finances: List out all marital assets and debts. Talk to your attorney about limiting joint credit if needed.
- Ask About Temporary Orders: These cover child custody arrangements, finances, and use of the family home while your divorce proceedings are ongoing.
- Use Social Media Cautiously: Avoid posting details about the extramarital affair or your spouse. Lawyers can use these posts against you.
- Consider Mediation or Negotiation: Even with adultery involved, less confrontational approaches can save money and stress.
- Seek Emotional Support: Look to therapy, friends, or loved ones during this difficult time.
- Learn the Law: The Texas Family Code spells out fault-based grounds like adultery, division of property, and spousal maintenance rules.
- Consult a Lawyer Early: Get legal advice from an experienced family law attorney who knows the Tarrant County courts, and seek professional legal advice to navigate the complexities of your case.
- Gather Documentation: Collect text messages, credit card bills, or other circumstantial evidence of the affair.
- Secure Finances: List out all marital assets and debts. Talk to your attorney about limiting joint credit if needed.
- Ask About Temporary Orders: These cover child custody arrangements, finances, and use of the family home while your divorce proceedings are ongoing.
- Use Social Media Cautiously: Avoid posting details about the extramarital affair or your spouse. Lawyers can use these posts against you.
- Consider Mediation or Negotiation: Even with adultery involved, less confrontational approaches can save money and stress.
- Seek Emotional Support: Look to therapy, friends, or loved ones during this difficult time.
- Learn the Law: The Texas Family Code spells out fault‑based grounds like adultery, division of property, and spousal maintenance rules.
The Emotional Impact of Infidelity in Divorce
Infidelity can leave deep emotional scars—anger, betrayal, confusion, and more. It adds extra strain to an already tough legal process. Sometimes hurt feelings lead to hasty choices that aren’t in your best financial or personal interest.
Acknowledging the emotional blow is key. Don’t let your pain steer your case. Think about seeing a counselor or therapist who specializes in divorce settlements. Close friends and family can offer comfort, but remember that only your lawyer should give legal advice.
How a Lawyer Can Help with Infidelity Divorce Law
Having an experienced attorney makes a big difference if your divorce involves adultery. Lawyers skilled in Texas divorce law and local procedures—whether in Fort Worth, Southlake, or beyond—offer vital support. A reputable law firm provides:
- Case Evaluation: They examine your situation and explain how adultery could affect property division, spousal maintenance, or custody, providing you with expert counsel throughout the process.
- Evidence Strategy: They guide you on which proof is needed and how to get it legally, including subpoenas for phone records.
- Protecting Your Rights: They make sure you get your fair share of community assets and that your parental rights are upheld.
- Negotiation and Settlement: An experienced divorce attorney works to reach a fair deal without going to trial if possible.
- Litigation: If no deal is reached, they’ll represent you in family court, present evidence, and question witnesses.
- Handling Complex Issues: If you have a high net worth marital estate, own a business, or face other legal concerns, a lawyer with deep experience is crucial.
- Drafting Legal Documents: From initial petitions to child custody decisions and the final decree, they handle all the paperwork properly.
Common Questions About Infidelity Divorce Law in Texas
Does infidelity impact how Texas courts divide marital assets?
1. Courts may consider if the unfaithful spouse spent marital funds on the affair (“waste claim” or “fraud on the community”).
2. If proven, the innocent spouse can receive a bigger portion of what’s left.
An experienced divorce attorney can help you track expenses and show how your spouse misused the couple’s money.
What evidence do I need to prove adultery in a Texas divorce case?
1. Examples: Texts, emails, financial records (like hotel receipts or gifts), and witness statements.
2. Direct admissions from the unfaithful spouse or photos can also be persuasive.
3. Evidence must be lawful; illegal methods like hacking or wiretapping may not be allowed in court.
Can an adulterous spouse still receive spousal support in Texas?
1. Judges consider fault-based grounds like adultery when deciding on alimony payments.
2. If the adultery led to financial harm, the court may lower or refuse support.
Other relevant factors include the duration of the marriage and whether the requesting spouse can support themselves.
How does adultery affect child custody decisions?
1. Courts focus on the children’s best interests and whether the unfaithful spouse’s behavior put the child at risk.
2. Parenting fitness is the key issue, not the affair by itself.
3. If the adulterous spouse exposed the child to unsafe people or neglected parental duties, it can impact custody.
Do I have to prove fault-based grounds if there was infidelity?
1. You may choose to file a fault divorce state case due to adultery if it could help you get a more favorable settlement on division of assets or spousal maintenance.
2. Fault-based cases can be more expensive and time-consuming, though.
Can I sue the third party my spouse cheated with for damages?
1. The focus is on the marriage itself, not the affair partner.
2. Your legal remedy is pursuing a fault-based divorce and possibly a larger share of property if your spouse used community money on the affair.
What is a “waste claim” or “fraud on the community” in an adultery-based divorce?
1. Often shown with credit card statements, receipts, or travel records.
2. If it’s proven, the wronged spouse can receive extra compensation through the division of marital property.
3. Gathering good documents is essential.
How long do you have to be married to get alimony if your spouse cheated?
1. Judges also look at disability, family violence, and whether the innocent spouse can support themselves.
2. Adultery alone doesn’t erase alimony; it’s just one factor among many.
Conclusion on Infidelity Divorce Law
Understanding infidelity divorce law in Texas is important if adultery ended your marriage. Texas usually follows no-fault rules. But infidelity can still affect big outcomes, like property division or spousal maintenance. It usually only impacts child custody if the affair put the child in danger.
To prove adultery, you need strong circumstantial evidence or direct admissions. Every legal case is different. It’s smart to get help from an experienced family law attorney. Whether you’re in Fort Worth, Southlake, or another part of Tarrant County, a divorce lawyer can guide you through the court’s decisions. They help protect your interests during this tough time. Knowing infidelity divorce law in Texas puts you in the best position to protect your rights and get favorable results.
Our experienced family law attorneys in Texas can also help you take the next steps in protecting your assets, updating legal documents, and planning for a secure future post-divorce. Call us at (888) 584-9614 or contact us online to discuss your situation and how we can support you during this transition.
