Will having an online only affair affect divorce in Texas?

The emotional turmoil surrounding the discovery of infidelity can be immense, and the legal implications can be equally complex. In Texas, a state with both fault-based and no-fault divorce options, the question of whether an online-only affair constitutes grounds for divorce and impacts the subsequent proceedings is a nuanced one. 

This blog post, authored by Christopher Migliaccio, founding partner at Warren & Migliaccio, L.L.P., a law firm specializing in family law matters in Richardson, TX, delves into the intricacies of Texas divorce law and explores the potential consequences of online infidelity.

Understanding Texas Divorce Laws: Fault-Based vs. No-Fault

Texas law recognizes two primary grounds for divorce: fault-based and no-fault. In a fault-based divorce, one spouse alleges a marital misconduct by the other as the reason for the breakdown of the marriage [Texas Family Code § 6.001 (source)]. Common fault-based grounds include adultery, cruelty, and living separate and apart for at least one year with the intent to end the marital relationship [Texas Family Code § 6.003 (source)]. While, a no-fault divorce does not assign blame and simply states that the marriage has irretrievably broken down.

The Definition of Adultery in Texas

For an online-only affair to be relevant in a Texas divorce under the fault-based grounds of adultery, we must first understand the legal definition of adultery in the state. The Texas Family Code defines adultery as “voluntary sexual intercourse between a married person and someone who is not their spouse.” This definition hinges on the concept of “sexual intercourse,” which the code does not explicitly define.

Does an Online-Only Affair Constitute Adultery?

The lack of a clear definition for “sexual intercourse” in the context of adultery leaves room for interpretation. Courts in Texas have generally focused on the physical act of sexual intercourse. There is no clear precedent on whether online interactions alone qualify as adultery. Some argue that courts may consider explicit exchanges of messages or video calls of a sexual nature as adultery. However, the legal landscape regarding this specific issue remains uncharted territory.

Key Considerations and Potential Legal Arguments

Here are some key considerations:

• Impact on Marital Relationship: A spouse can argue that the online affair constituted a form of cruelty or mental cruelty, which is defined as a course of conduct by one spouse that is purposefully designed to injure the emotional well-being of the other spouse [Marriage of Montgomery, 638 S.W.2d 888 (Tex. App. – Dallas 1982)]. To support this claim, one could present evidence of the online affair, such as emotionally charged messages or instances of neglecting marital duties due to the online relationship.
• Intention and Frequency: The frequency and nature of the online interactions will also be crucial factors. A brief, isolated exchange may not hold the same weight as a prolonged and emotionally intimate online relationship. The intent behind the online interactions will also be examined. Was it a fleeting curiosity or a deliberate attempt to develop a romantic connection?

Understanding the implications of online-only affairs in Texas divorce cases: from legal definitions of adultery to their influence on property division and spousal support.

Impact on Divorce Proceedings: Property Division and Spousal Support

While an online-only affair may not automatically qualify as adultery, it can still influence the overall divorce proceedings in Texas, particularly in regards to property division and spousal support (alimony). In a fault-based divorce, a judge has the discretion to consider fault, including infidelity, when dividing marital property [Texas Family Code § 3.001]. If the court deems that the online affair contributed to the breakdown of the marriage, the judge may award a larger share of the marital assets to the non-cheating spouse.

Importance of Legal Counsel in Texas Divorce Proceedings

The complexities surrounding online infidelity and its implications in Texas divorce proceedings highlight the importance of seeking legal counsel from an experienced family law attorney. An attorney can provide a comprehensive overview of your specific situation, assess the potential impact of the online affair on your divorce case, and guide you through the legal process effectively.

Building Your Case: Evidence and Legal Strategy

If you are considering filing for divorce in Texas and online infidelity is a factor, gathering evidence to support your claims is crucial. Here are some potential sources of evidence that an attorney can help you explore:

• Online Communication: Screenshots of messages, emails, or chat logs exchanged between your spouse and the third party can be valuable evidence. However, be mindful of how you obtain this evidence. If you accessed your spouse’s accounts without their permission, it could potentially be deemed inadmissible in court. An attorney can advise you on the legal methods for acquiring such evidence.
• Financial Records: If there is evidence of financial transactions during online relationship, it could help establish the seriousness of the interactions.
• Witness Testimony: In certain situations, testimony from individuals aware of the online affair, such as friends or family who may have observed suspicious behavior, could be relevant. However, the credibility and weight of such testimony will depend on the specifics of the case.

Legal Strategy Considerations:

• Fault-Based vs. No-Fault: An attorney will help you determine whether pursuing a fault-based divorce based on the online affair is the most advantageous strategy in your specific case. Factors such as the strength of your evidence, the desired outcome regarding property division and spousal support, and the emotional toll of a contested divorce will all be considered.
• Negotiation vs. Litigation: In many cases, a negotiated settlement can be a more efficient and cost-effective approach than a full-blown court battle. An attorney skilled in negotiation can leverage the evidence of the online affair. He can potentially secure a favorable outcome regarding property division, spousal support, and child custody arrangements (if applicable). 

Children and Online Infidelity

If children are involved, navigating the impact of online infidelity on the divorce proceedings requires careful consideration. Prioritizing the children’s well-being is crucial to avoid exposing them to unnecessary emotional turmoil. An attorney can guide you in minimizing the impact of the divorce on the children and help ensure they receive the emotional support they need.

Additional Considerations

There are several additional factors to consider when navigating online infidelity and its role in a Texas divorce:

• The Statute of Limitations for Adultery: Texas has a two-year statute of limitations for filing for divorce based on adultery [Texas Family Code § 6.005]. This means you generally have two years from the date you discovered the adultery to file for divorce.
• Premarital Agreements: If you and your spouse have a premarital agreement (prenup), it may address how infidelity will be handled in the event of a divorce. The terms of the prenup, if enforceable, will supersede any state laws regarding adultery and its impact on divorce.
• Religious Considerations: While religious beliefs may inform your views on infidelity, they do not hold legal weight in a Texas divorce court. The focus will be on the legal grounds for divorce and the state’s family code.

Frequently Asked Questions (FAQs):

• Can I get a divorce in Texas based on online infidelity alone?

There is no guarantee that an online-only affair will be enough to secure a fault-based divorce on the grounds of adultery. The nature and frequency of the online interactions and the judge’s interpretation of the law will all play a role. An attorney can assess your specific situation and advise you on the likelihood of success with a fault-based approach.

• What if the online affair led to an emotional but not physical relationship?

Even without physical intimacy, the online affair could still be considered evidence of cruelty or mental cruelty if it demonstrably damaged the marital relationship. The emotional impact on you and the breakdown of trust within the marriage will be key factors.

• How much will it cost to hire an attorney for a Texas divorce involving online infidelity?

The cost of legal representation in a divorce can vary largely. It depends on the complexity of the case, the duration of the marriage, and the attorney’s experience level. Contacting an attorney can provide you with an estimated cost breakdown during initial consultation.

Contact Warren & Migliaccio, L.L.P. Today

At Warren & Migliaccio, L.L.P., we understand the emotional and legal complexities of divorce in Texas. Our team of experienced family law attorneys is dedicated to providing compassionate and knowledgeable representation throughout the divorce process. We offer a free consultation to discuss your specific situation and answer any questions you may have. Contact us today at (888) 584-9614 to schedule a confidential consultation.