Adultery remains one of the leading causes of divorce. Even those who try to work through their sense of betrayal may eventually realize that their relationship is beyond saving.
If you have recently discovered that your spouse has had an affair or a one-night stand with someone else, you may want to file for divorce. Will their adultery have any impact on the outcome of your divorce in Texas?
Can you prove that adultery occurred?
Unless your spouse admits to the affair, you will need some kind of evidence to present to the court, especially if you choose a fault-based filing instead of the more common no-fault divorce.
Racy messages, inappropriate photographs and even credit card receipts for jewelry and hotel rooms could help you show that your spouse has cheated on you and possibly wasted marital assets while doing so. Provided that you can prove the adultery, there are two possible ways it could affect your divorce.
When adultery matters to the courts
If you have a prenuptial agreement that imposes a financial penalty for infidelity, proving adultery to the court can trigger that penalty and influence the outcome of your divorce proceedings. Even if you don’t have a legal agreement like that, the Texas courts can consider marital misconduct when deciding how to split up your property. The court may adjust how they divide your community property — especially if your spouse spent money on their extramarital affair.
For some people, trying to prove adultery in court can be time-consuming, embarrassing and expensive. For others, it can be a source of justice. Considering the impact of the affair can help you decide if proving the adultery will be worth the effort in your upcoming high-asset divorce.