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Does Cheating Affect a Divorce Settlement?

On behalf of The Powell Law Firm posted in Divorce on Monday, April 16, 2018.

Marital Infidelity is Grounds for Divorce in Texas

In Texas, couples can file for a divorce on ‘no-fault’ grounds or ‘fault’ grounds. To get a no-fault divorce in Pearland, TX, a married couple only needs to establish that there are ‘irreconcilable differences’. In divorce documents, this is referred to as ‘insupportability’. In this era, most divorcing couples in Texas choose to get a no-fault divorce, as it is generally a simpler and more efficient process.

However, fault-based divorce is still available in our state. Under the Texas Family Code, there are six grounds for fault-based divorce. These grounds include cruelty, felony conviction, abandonment, living apart for three years, and confinement in a mental institution. Though, by far, the most common reason why a spouse seeks a fault divorce in Texas is adultery.

Cheating is Grounds for Divorce in Texas

You can seek a fault divorce in Texas if your spouse has committed adultery. However, in practice, doing so can be complicated. You will have to prove adultery with credible evidence to a Texas family law court. In some cases, this may be more difficult to do than it initially seems. Your suspicions, no matter how reasonable, may not be sufficient in the eyes of the court. Generally, either a direct admission of adultery or compelling physical evidence is required.

Will Proving Adultery Actually Impact My Divorce Settlement?

A finding of adultery might have an effect on your divorce settlement. Though, the extent of this effect can vary widely based on the specific facts of each case. If you can prove that your spouse spent marital resources in carrying out their affair, you may be entitled to a larger share of the marital assets. Similarly, if you can prove that your spouse’s cheating has an adverse effect on their parenting ability, a finding of adultery could affect your child custody or child visitation case.

The key factor is that you must be able to connect your spouse’s cheating to a real, tangible issue related to your finances or their parenting ability. It is important to understand that Texas family law courts will not award compensation simply because your spouse’s cheating caused serious damage to your relationship.

A Pearland Divorce Lawyer Can Help You Reach a Fair Settlement

Even in cases where adultery occurred, many divorcing couples still ultimately decide to get a no-fault divorce. When going through a divorce, it is ideal that you and your partner are able to reach a fair settlement. Adultery can play a factor in this settlement. Though, if settlement cannot be reached and litigation is required, Texas courts will always be focused on the tangible effects the marital infidelity had on finances and parenting ability. If you are getting divorced following an act of adultery, you should be represented by a Pearland family law attorney who can help you reach a fair settlement agreement.

Contact Our Pearland, Texas Divorce Lawyer Today

At the office of John Powell III, P.C., our compassionate family law attorney has extensive experience handling complex divorce cases. If you have questions about cheating and divorce, please do not hesitate to contact us today for a fully private consultation. From our offices in Pearland, TX, we serve clients throughout the region, including in South Houston, League City, Missouri City, and Pasadena.