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How Will Adultery Affect My Texas Divorce Case?

Posted on in Divorce

TX divorce lawyerOne of the most confusing aspects of getting divorced is that divorce laws vary greatly from state to state. For example, in Texas, divorcing spouses may list a fault-based “ground” or reason for divorce while other states only have no-fault divorce grounds. Cruelty, felony criminal conviction, abandonment, and adultery are some of the fault-based grounds in Texas. “Insupportability” is the main no-fault reason for divorce.

If you are getting divorced because you or your spouse cheated, it is important to know how this can affect your divorce case. Unlike many other states, Texas courts can and do consider infidelity when making decisions about the outcome of a divorce.

Divorce and Extra-Marital Affairs

When someone files for a fault-based divorce, they are alleging that the other spouse’s actions caused the divorce. Adultery, or the act of having sexual intercourse with someone other than your spouse, is a common fault-based ground for divorce in Texas.

If a spouse’s infidelity causes the breakdown of a marriage, this can affect the court’s determinations regarding alimony and marital property division. Alimony or spousal support is paid to a spouse under the following circumstances:

  • The spouse seeking alimony was the victim of domestic violence perpetrated by the other spouse within two years of the divorce
  • The spouse seeking alimony does not have the financial means to pay basic expenses and the marriage lasted at least 10 years
  • The spouse seeking alimony is disabled and cannot pay his or her basic expenses
  • The spouse seeking alimony is unable to work outside the home because he or she is caring for a disabled child

If one or more of these elements are satisfied, the court may award alimony. The amount and duration of alimony are based on many factors, including infidelity or other marital misconduct.

Adultery can also influence how the court divides a divorcing couple’s property. For example, if an adulterous spouse wasted money on an extramarital affair, the court may award him or her a smaller percentage of the marital estate during divorce.

Contact Our Palo Pinto Divorce Lawyer

If your marriage is ending because you or your spouse cheated, this can affect alimony and property division in your divorce. Parker County divorce attorney Kary L. Key provides trustworthy legal advice and skilled representation to individuals getting divorced in Texas. She can help you with the division of marital assets, child custody, alimony, and other divorce issues. Call The Law Offices of Kary L. Key at 817-599-6969 for an initial consultation.


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