Can Adultery Affect a Divorce Agreement?

Woman covering face with one hand and holding ring in the other

No one wants to discover that their spouse was unfaithful. If this happened to you, Texas law allows you to bring adultery to the table during divorce proceedings.  

Texas is a “no-fault” state in terms of a divorce, meaning one spouse doesn’t need to prove that the other did something wrong in order for the divorce to be granted. However, a spouse can bring grounds for the divorce during the proceedings. A judge will sometimes consider these grounds when awarding alimony.

The 7 grounds for divorce in Texas are:

  1. adultery
  2. desertion or abandonment
  3. conviction of a felony or misdemeanor that lands a spouse in prison for at least 3 years
  4. 1 consecutive year of separation
  5. insanity
  6. domestic violence
  7. excessively vicious conduct

You can take your spouse to court for any of the above reasons, but you must be able to provide evidence in the form of phone or travel records, photos, and/or a witness testimony.

How Does Adultery Affect Awards?

If a judge decides to grant you a divorce based on the grounds of adultery, it could have an impact on alimony. The presiding judge has the option of choosing whether or not the adultery will play a part in the divorce. This is usually only considered if it will affect the economic needs of the spouse seeking alimony. For example, if the unfaithful spouse used the community property to purchase gifts for their lover during the marriage.

Alimony decisions are usually based on the following factors:

  • ability of the spouse seeking alimony to be self-supporting;
  • time the supported spouse needs to gain sufficient training or education to find suitable employment;
  • standard of living;
  • duration of the marriage;
  • contributions of each spouse to the well-being of the family;
  • circumstances that contributed to spousal estrangement;
  • age, physical, and mental health of each spouse;
  • ability of the paying spouse to meet their needs while meeting the needs of the supported spouse; and/or
  • the financial resources and needs of each spouse.

Camille R. Borg Can Help

Attorney Borg can work with you during this trying time. She is a compassionate advocate who will do whatever she can to help you gain the divorce terms you seek.

Contact the firm online or call at (469) 646-7763 for a free consultation.

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