Committing adultery is one of the many leading causes of divorce. Not only does the act of adultery lead to damaged relationships and loss of trust, but it can also present some obstacles and significant impact regarding the outcome of your Texas divorce.
Understanding the impact that your adultery may have on your divorce proceedings is a great first step to considering how you should be approaching your divorce.
How Does Adultery Affect A Divorce?
Adultery can be a costly mistake in marriage. Not only can it lead to divorce, but it can also become a financial burden on the adulterer when financial decisions are being made in the courts.
Texas is a state that allows “no-fault” divorce, but adultery can still be used as a reason to file based on fault. However, in order to use cheating as the leading cause for a divorce and have it impact financial decisions in the divorce, one has to provide evidence that the adultery occurred.
Can You Prove Adultery When Filing for Divorce?
Among many other types of proof, proof of adultery that holds up as evidence in court includes:
- Eyewitness testimony
- Admission by parties
- Money spent on the marital affair
- Social media interaction
- Credit card statements
- Phone bills
If you are opting to file for divorce for reasons of adultery, keep in mind that proof is imperative. If a party does not yet have proof, he or she should work with their attorney to produce the evidence through the process of discovery.
The Impact of Adultery on Alimony
When examining alimony and adultery in the state of Texas, both spouses are examined before a decision is made. This means that not only can the court deny alimony to a spouse that committed adultery, but they can also determine whether or not the adultery was the reason for the divorce. This court-mandated decision could have a lasting effect on how much alimony is paid after the divorce is finalized.
Other Areas Where Cheating Factors In?
Since Texas is a community property state, adultery can cast a very wide net when it is the cause of a divorce. If adultery is proven, the harmed party could be able to obtain a larger share of the marital property should the courts make this decision.
Adultery also has an impact on child custody orders. A family court could see the situation as one that poses a risk for the children involved.
Marx, Altman & Johnson Prepares You For All of Your Divorce Hurdles
If you are going through a divorce and the cause is because you or your spouse committed adultery, preparing for how to handle issues like alimony and child support is crucial. You won’t have all the answers on your own and will need help from family law attorneys that are experts in Texas divorce law. The family law attorneys at Marx, Altman & Johnson have the experience and determination to help you successfully navigate your complex divorce process. Contact us today to find out more about our services and how to schedule a consultation.