My Spouse Cheated on Me. Will it Impact Divorce Proceedings?

man holding hands with woman on bench

Extramarital affairs cause the demise of thousands of marriages each year. If you are divorcing on the grounds of adultery, you may be curious about how it will affect the proceedings and outcome.

In this blog, our attorneys for family law will explain how courts consider adultery in a Texas divorce and how you may be affected.

Role of Adultery in a Texas Divorce

Texas Family Code § 6.003 defines adultery as voluntary sexual intercourse of a married person with someone else who is not their husband or wife. The accusing spouse must be able to prove adultery in order for the courts to recognize it. Examples include text messages, phone records, photographic evidence, and anything else that shows a spouse was committing adultery.


Texas courts will consider various factors when deciding on alimony, including adultery. They may deny support to the spouse who has committed adultery. On the flip side, if a spouse's affair was the reason for the marriage's breakup, it can influence the court's decision.

Property Division

When it comes to Texas divorce laws and adultery, family courts may consider infidelity when dividing property and debt, by awarding a greater amount of property to the innocent spouse and/or debt to the unfaithful spouse. Suppose a spouse is seeking a disproportionate award based on adultery. In that case, they must show that the infidelity resulted in the breakdown of the marriage or that the cheating spouse wasted community property on the extramarital relationship.

Child Custody and Visitation

Adultery is typically not considered when deciding child custody and visitation because they are more focused on each person's parenting abilities and the child's best interest. However, adultery may impact these matters if a spouse abandons the children due to the affair.

Divorce is extremely challenging, and adultery can make it even more painful. If you have questions about the role of adultery and your divorce, do not hesitate to contact Law Offices Of Mark M. Childress.

Our Fort Worth attorneys are here to make your divorce less stressful. Contact us online or at (817) 497-8148 to schedule a consultation today.

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