At Tad Nelson & Associates, we bring over three decades of combined legal experience in family law to our clients in Galveston County, TX. Understanding the nuances of how infidelity impacts divorce proceedings is crucial for anyone experiencing this phase in their marriage.
Let’s explore Texas law on the matter and its practical applications.
Infidelity & Texas Family Law
In Texas, a “no-fault” divorce state, you can dissolve a marriage without pointing fingers at marital misconduct, including infidelity. However, the shadow of adultery can still stretch far into the proceedings under certain conditions.
Under Texas Family Code, adultery is defined as voluntary sexual intercourse with a person other than your spouse. If proven, infidelity can sway the decision-making process in divorce, particularly concerning alimony and the division of marital property.
Financial Repercussions: The Impact on Alimony
One of the most direct ways infidelity can impact a divorce is through considerations for spousal maintenance, commonly known as alimony.
According to Texas Family Code Section 8.001, alimony is designed to provide temporary and rehabilitative support for a spouse who might not be able to support themselves immediately post-divorce.
While Texas courts generally award alimony based on the receiving spouse’s need and the paying spouse’s ability to pay, adultery can tip the scales. A judge might be inclined to award more substantial alimony if a spouse’s cheating affected the family’s finances, such as spending significant marital assets on an affair.
Property Division Complications
When it comes to dividing assets during a Texas divorce, the court strives for a division that is “just and right.” Infidelity can complicate this process. Assets spent on maintaining an extramarital relationship—such as gifts, trips, or rent for a secret apartment—can be argued as “waste” of marital resources.
An attorney might argue that the faithful spouse should be compensated for this financial indiscretion by receiving a more favorable share of the remaining marital assets. This type of argument might require detailed financial documentation up and including expert testimony.
Custody and Visitation: The Child’s Best Interest
While infidelity by itself does not generally affect custody arrangements directly, the circumstances surrounding an affair might. Texas courts always prioritize the best interest of the child, and if a parent’s actions—related to infidelity or otherwise—can be shown to harm the child’s physical or emotional well-being, it could influence custody decisions.
For example, if a parent’s new partner has a questionable background or if the affair led to neglect of parental duties, these factors could be relevant in custody deliberations.
Proving Adultery: Evidence Counts!
Proving adultery in court requires more than mere suspicion.
Concrete evidence such as texts, emails, photographs, or even testimony from a private investigator might be necessary to substantiate claims of infidelity. It’s important for clients to understand that gathering this evidence should be done legally and ethically to be admissible in court.
Emotional Considerations and Settlement Negotiations
Beyond the legal ramifications, the emotional impact of infidelity often spills over into settlement negotiations. The feelings of betrayal and hurt can lead to more contentious divorce proceedings and a less amicable negotiation process. Having an experienced attorney can help manage these tensions and guide the proceedings towards a fair resolution.
At Tad Nelson & Associates, we have over 30 years of experience helping our clients deal with the dynamics of divorce, including those involving infidelity. This experience positions us uniquely to advocate for your best interests.
If you are dealing with the implications of adultery in your divorce, contact us at 409-904-0043 for a consultation.
