Adultery and Divorce in Texas

Adultery and divorce are topics with significant legal and social implications, especially within the context of Texas law. Adultery, defined as voluntary sexual relations with someone who is not your spouse, is considered grounds for divorce in Texas. The societal perspective and legal framework regarding adultery and divorce have undergone considerable changes over the years in Texas. Historically, adultery laws were stricter, and the social stigma surrounding it and divorce was pervasive.

Today, while the legal system still recognizes adultery as a critical factor in divorce proceedings, its impact is somewhat different, illustrating how cultural perceptions have shifted over time but still play a significant role in the legal and personal outcomes of such situations.

Incidence of Adultery and Divorce

Adultery is the third leading cause of divorce in the United States. Other leading reasons are fundamental incompatibility and money issues. According to many sources, about half of divorced couples experience adultery. The impact of adultery on a marriage, whether divorce occurs or not, is substantial. Mostly, it requires a great deal of work to get the marriage back on track,

Types of Adultery

A social perception of adultery manifests in various forms, each potentially influencing the dynamics of a marriage in distinct ways. While sexual adultery is the form that meets divorce criteria, the others are visualized as ways the marriage is weakened or destroyed. Primarily, there are four broad categories:

• Physical Adultery: This is the most commonly recognized form involving a sexual relationship between a married individual and someone who is not their spouse. Physical adultery is straightforward in terms of evidence and legal proceedings, as it includes tangible acts that are easier to prove or disprove in court. It is also the form Texas law recognizes in terms of divorce.
• Emotional Adultery: Emotional or romantic adultery may not involve physical intimacy but includes forming deep connections outside of the marriage that rival the commitment between spouses. While more challenging to prove in a legal context, emotional affairs can be just as damaging to the marital relationship, leading to breaches of trust and emotional estrangement.
• Digital Adultery: With internet and social media prominence, digital platforms have become fertile ground for illicit relationships. Digital adultery involves engaging in romantic or sexual conversations through text messages, emails, or social networking sites. It may also include dating apps by married individuals seeking affairs. Unlike physical adultery, digital interactions can be more discreet, making them harder to detect, yet the trail of digital communication can provide concrete evidence in divorce proceedings.
• Platonic Adultery: This form of adultery is one where an individual invests emotionally and time-wise in a platonic relationship to such an extent that it detracts from the marriage, even in the absence of romantic or sexual interests. This form challenges the conventional boundaries of adultery but highlights the diverse ways marital neglect can manifest.

These evolving forms of adultery reflect the complex modern landscape of marital relationships and the various ways of undermining trust, necessitating a broadened perspective in legal proceedings.

Adultery as Grounds for Divorce in Texas

Adultery is grounds for divorce under Texas Family Code § 6.003. When using adultery in a divorce, the petitioner must provide proof that infidelity occurred. Adultery can significantly impact the case, especially in asset division and the determination of alimony.

Texas courts may consider adultery evidence when deciding financial aspects, often favoring the non-adulterous spouse. Individuals seeking divorce in Texas should consult a qualified attorney to understand their rights, options, and citing adultery implications.

Burden of Proof for Adultery in Divorce Proceedings

In Texas, if adultery is part of the divorce claim, the burden of proof lies with the spouse making the accusation. The filing spouse must provide evidence to demonstrate to the court that adultery has occurred. Evidence may include testimony, witnesses, photographs, communications, or other forms of proof that establish the occurrence of adultery.

It’s important to note that the standard of proof in divorce cases, including those involving adultery, is typically a preponderance of the evidence. This means that the evidence presented must establish that it is more likely than not that adultery occurred. While direct evidence is often preferred, circumstantial evidence is acceptable if it reasonably supports the claim of adultery.

However, it’s crucial for individuals considering citing adultery as grounds for divorce to understand that proving adultery can be challenging and may have emotional and legal consequences. It is advisable to consult with a knowledgeable family law attorney who can provide guidance on the specific circumstances of the case. An attorney can review the evidence and work toward a successful outcome.

Role of Adultery in Contested and Uncontested Divorce

In Texas, adultery can play a role in both contested and uncontested divorces, though its significance may vary.

Contested Divorce:

• • In a contested divorce, where spouses cannot cannot agree on child custody, property division, or spousal and child support, adultery may be raised as grounds for divorce by the filing spouse.
  • If the filing spouse alleges adultery and seeks to use it as grounds for divorce, they must provide evidence to support their claim. Adultery can influence the court’s decisions regarding property division, spousal support, and, to some extent, child custody if deemed relevant to the child’s well-being.
  • The accused spouse may contest the allegation of adultery, leading to a more adversarial legal process. The accused spouse can present evidence and witnesses to support their side of the case.

Uncontested Divorce:

• • In an uncontested divorce, spouses agree to the divorce terms, including property division, child custody, and support, without litigation.
  • Even in an uncontested divorce, where fault grounds like adultery are not typically relevant to the legal process, the presence of adultery may still have emotional implications for the spouses. It could influence the negotiations surrounding the divorce settlement.
  • While adultery may not directly impact the legal aspects of an uncontested divorce, it can affect the emotional dynamics and the willingness of both to reach an amicable solution.

In both contested and uncontested divorces, the role of adultery can extend beyond the legal proceedings to impact the personal and financial aspects of the divorce.

How Adultery Impacts Alimony

In Texas, adultery can impact alimony, also known as spousal maintenance or spousal support, in divorce proceedings, though it’s not guaranteed to do so. The court has discretion in determining whether to award alimony and, if so, the payment amount and duration. The court may consider adultery as a factor in determining alimony under certain circumstances:

• • Effect on Financial Resources: Adultery may be relevant to the court’s decision if it directly impacts the spouses’ financial resources. For example, if one spouse spent substantial marital assets on an extramarital affair, this could influence the court’s decision regarding alimony.
  • Contribution to Marital Breakdown: Adultery can be considered as one factor among many that contributed to the breakdown of the marriage. If the court determines that the adultery significantly contributed to the dissolution of the marriage, it may influence the alimony decision.
  • Need for Rehabilitation: If the spouse seeking alimony can demonstrate a need for financial support due to being economically disadvantaged by divorce, the court may be more inclined to award alimony. Adultery by the paying spouse could strengthen the case for alimony if it left the receiving spouse financially vulnerable.

Legal Requirements for Proving Adultery in a Texas Court

In Texas, proving adultery as grounds for divorce or as a factor in other legal proceedings generally requires meeting specific legal requirements and standards of evidence. Here are the key considerations:

• Standard of Proof: Adultery, like any other allegation in a legal proceeding, must be proven by a preponderance of the evidence. This means that the presented evidence must establish that it is more likely than not that adultery occurred.
• Corroboration Requirement: In Texas, if a spouse alleges adultery as grounds for divorce, the law requires corroborating evidence to support the claim. This evidence means that the court may look for additional evidence beyond the testimony of the accused spouse to substantiate the allegation.
• Evidence: Proof of adultery can take various forms, including:
  • Testimony: Witness statements or testimony from individuals are informative.
  • Documentation: This includes emails, text messages, photographs, or other tangible evidence demonstrating the relationship.
  • Circumstantial Evidence: While direct evidence is preferable, circumstantial evidence that reasonably supports the allegation of adultery may be applicable.
  • Admission: If the accused spouse admits to the adulterous behavior, this can serve as evidence of adultery.
  • Timeframe: Adultery must have occurred during the marriage to be relevant in divorce proceedings. Evidence of adultery that occurred before marriage or after separation may be unusable in determining fault for divorce.

Ultimately, it is up to the court to evaluate the evidence and determine whether proof of adultery is present. The court will consider the credibility of witnesses, the reliability of evidence, and the overall circumstances of the case.

Is Texas a Community Property State?

Texas law works under the concept of “community property.” This designation means that the court aims to divide any property and assets acquired by the spouses equally. The impact of adultery on alimony in Texas depends on the case’s specific facts and the court’s discretion. Consulting a seasoned family law attorney offers insight into how adultery may influence alimony and handle complexities.

Impact of Adultery on Divorce Proceedings

If adultery is proven, it can impact various aspects of divorce proceedings, including property division and child custody. However, the impact will depend on the court’s discretion and each case’s unique circumstances.

Property Division and Adultery

In Texas, adultery can impact property division in divorce proceedings, butremember Texas is a community property state. This designation means that marital property, which generally includes assets acquired during the marriage, is divided equally between spouses upon divorce. However, there are factors, including adultery, that can influence how the court divides marital property:

• Waste of Marital Assets: If one spouse spent significant marital assets on an extramarital affair or to support an adulterous relationship, the court may consider this as wasteful dissipation of marital property. The court may award the innocent spouse a higher share of the remaining assets to compensate for the waste.
• Effect on Community Property: Adultery does not affect the character of marital property as community property. However, suppose the adulterous behavior resulted in the acquisition of separate property, such as gifts or assets obtained with funds from an affair. In that case, those assets may be subject to division in the divorce.
• Fault as a Factor: Suppose the court finds that the adulterous behavior significantly contributed to the breakdown of the marriage or resulted in financial harm to the innocent spouse. In that case, it may consider this as a factor in property division.

Child Custody and Adultery in Texas

In Texas, child custody decisions are based on the best interests of the child. Adultery is one factor among many that courts may consider when determining custody arrangements.  Here’s how adultery may intersect with child custody matters in Texas:

• • Relevance of Adultery: Adultery itself is not a direct determinant of child custody in Texas. However, if adulterous behavior directly impacts the child’s well-being or the parent’s ability to care for the child, the court may consider it in determining custody.
  • Parental Fitness: Courts in Texas prioritize the best interests of the child when making custody decisions. Adultery may be relevant if it calls into question the parent’s ability to provide a stable and supportive environment for the child. For example, if the adulterous behavior involves exposing the child to inappropriate situations or neglecting parental responsibilities due to the affair, it could impact custody decisions.
  • Moral Character: While Texas courts generally do not delve into parents’ moral conduct unless it directly affects the child, adultery may still be considered an aspect of a parent’s character. The court may assess the parent’s overall behavior and conduct, including any history of adultery when determining custody.
  • Parenting Capacity: Adultery may be relevant to the court’s assessment of each parent’s ability to co-parent effectively and maintain a healthy relationship with the child. If the adulterous behavior creates conflict or undermines the ability of the parents to communicate and cooperate in the best interests of the child, it may impact custody decisions.
  • Child’s Well-being: The court’s primary concern is the child’s well-being and best interests. If adultery negatively affects the child’s emotional or psychological welfare, the court may consider this when determining custody arrangements.

Adultery Clause in Prenuptial Agreements

In prenuptial agreements, an adultery clause addresses how courts handle extramarital affairs during a divorce. The clause outlines adultery’s consequences on property division, spousal support, or financial matters.

Seeking Legal Counsel for Adultery-Related Divorce Matters

Seeking legal counsel is essential when adultery is a factor in divorce matters, as it can have significant implications for the legal process and outcomes. Here’s why it’s necessary to consult with a family law attorney when dealing with adultery-related divorce issues:

• Understanding Legal Rights and Options: A family law attorney can clearly explain your rights and options regarding divorce, property division, child custody, and support in the context of infidelity divorce law. They can help you understand how the law applies to your situation and what to expect throughout the legal process.
• Complex Legal Procedures: Divorce proceedings involving adultery can be complex and emotionally charged. An experienced attorney can guide you through the legal procedures, including gathering evidence, filing paperwork, negotiating settlements, and representing your interests in court if necessary.
• Protecting Your Interests: Adultery-related divorce matters often involve high stakes, including financial assets, property, and child custody. A skilled attorney will work to protect your interests and advocate for the best possible outcome in your case, whether through negotiation or litigation.
• Evaluating Evidence: Proving adultery in divorce proceedings requires sufficient evidence to meet the legal standard of proof. To support your case, an attorney can help you gather and evaluate evidence, such as witness testimony, financial records, communications, and other documentation.
• Managing Emotional Impact: Dealing with adultery and divorce can be emotionally challenging. A compassionate attorney can provide support and guidance, helping you through the process while focusing on achieving your legal objectives.
• Minimizing Legal Costs and Delays: By having a knowledgeable attorney on your side, you can minimize unnecessary legal costs and delays associated with adultery-related divorce matters. Your attorney can help streamline the process and work toward efficient resolutions, saving you time, money, and stress in the long run.

Warren & Migliaccio

If you are facing a divorce in Texas Involving adultery, call the Law Firm of Warren & Migliaccio. We are available to help you reach a successful outcome during a difficult time. You can reach us at (888) 584-9614. We’ll review your case and answer your questions.