Divorce

Does Adultery Affect Your Divorce in Texas?

Posted by brian on November 26, 2019
Texas: Round Rock and Cedar Park Divorce Attorney Justin M. Jackson

Those who are going through a divorce in the State of Texas might be surprised to learn the part that adultery plays in the process. While the act of adultery can prompt the decision to begin the divorce process, it is not always a significant factor in the outcome of the divorce. Remember that the court of public opinion is much different than the legal boundaries and consequences associated with adultery. Understanding the different ways that the act of adultery can influence a divorce is advisable for those who are considering or have already initiated the process.

How Adultery Can Impact Child Custody

While adulterous behavior is harmful to your relationship, infidelity will typically not have an impact on child custody determinations. When the court looks to determine child custody, they consider what will be in the best interest of the child. Although adultery certainly denotes that your spouse was not an ideal partner in your relationship, that does not mean that they were not a good parent to your children. Therefore, adultery usually does not have any significant bearing on decisions regarding child custody and living arrangements.

Division of Assets May be Impacted by Adulterous Behavior

When determining assets in a divorce within the State of Texas, community property is divided by a decision of “what is just and right.” That does not always mean that property and assets are divided equally or split down the middle when parting ways. It is not always that simple. If you are going through the court system to determine the outcome of your divorce, there is a chance that the spouse who engaged in adulterous behavior will receive less than the other divorcing spouse. There is not a rule that is set in stone when it comes to dividing assets in this way, and you are entitled to request more than half of your community property when you have reason to believe and can prove that your spouse was adulterous.

What is Legally Considered Adulterous Behavior in Texas?

In Texas, adultery consists of a married person having physical sexual relations with another person. Although it might feel like online flirting or texting should be considered adultery, the State of Texas only recognizes adultery as the physical act of sexual relations. In order to show that your spouse was adulterous, you must have clear evidence. Your attorney can help advise on what this consists of.

Speak with a Round Rock Divorce Attorney Right Away

When you are facing a divorce in Texas and have the complicated factor of adultery in addition to the standard divorce process, it is advisable to speak with an experienced attorney who can provide sound legal advice and guidance. At The Jackson Law Firm, our team of skilled attorneys has the experience and knowledge required to navigate through a challenging divorce. We are proud to provide our clients with the best legal support in Round Rock, Texas. Call us at (512) 528-1900 right away to learn more about the divorce process when adultery is involved. We offer a free initial consultation to all new clients.

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