Adultery and Divorce

The Adultery Ground for Divorce

In Texas, a person seeking a divorce can request a no-fault or fault-based divorce from the court. In a no-fault divorce, the petitioner simply asserts that the marriage is no longer viable due to clashes or conflicts between partners, and there is no possibility of reconciliation. If the petitioner files for a no-fault divorce, the court will grant the divorce without considering any fault.
Even though a person may opt to file a no-fault petition regardless of the actual reason for seeking a divorce, in many cases where a spouse is seeking a divorce due to their partner's extramarital affair, they may choose to file for a divorce on grounds of adultery. The court may then grant the divorce in favor of one spouse if it concludes that the other spouse engaged in adultery.

To obtain a divorce on the basis of adultery in Texas, a person must demonstrate that their spouse voluntarily engaged in sexual relations with another individual while the couple was married. It's essential to note that Texas doesn't recognize legal separation, so adultery can occur even if the parties are no longer living together.

To support the allegation of adultery, a person typically provides evidence such as communications between the adulterous spouse and the person with whom they had an affair, credit card and bank statements showing money spent during the affair, and surveillance footage or photographs indicating the affair.

Effects of Adultery on Property Division and Maintenance

In Texas, any property obtained by either spouse during the marriage is assumed to be jointly owned. In the event of a divorce, any community property is subject to equitable distribution, which does not necessarily mean an equal division. The court is responsible for dividing the property in a manner that it deems fair, taking into account the rights of each party and any children produced from the marriage. Consequently, the court may consider factors such as adultery and allocate a greater share of the community property to the victimized spouse.

Adultery and divorce may also affect a claim for spousal maintenance. Texas law only permits maintenance claims under certain conditions, such as if the couple has been married for over ten years and one spouse is incapable of earning an income. Although adultery does not by itself provide grounds for maintenance, Texas courts may weigh it as a factor in determining the appropriate amount of maintenance to award.

Speak with an Experienced Divorce Attorney

Accepting the conclusion of a marriage is always a challenging task, but when infidelity is the reason behind the divorce, it can create significant turmoil and result in lengthy legal proceedings. The attorneys at Wilson Whitaker Rynell have extensive experience in managing divorce cases based on fault, such as those involving adultery. Our firm has experience representing clients in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County