Can I Get a Divorce if My Spouse Has Committed Adultery?

While precise data is not involved, Psychology Today cites research showing that adultery is a causal factor in between 20 percent and 40 percent of divorce. You may be wondering: Can I get a divorce in Texas if my spouse cheated? The answer is “yes”—adultery is grounds for a fault-based divorce in Texas. However, you can also get a no-fault divorce without proving adultery. Here, our Pearland divorce attorney explains the key things to know about marital infidelity and divorce in Texas.

Texas has No-Fault Divorce and At-Fault Divorce

Texas is one of the states that recognizes both no-fault divorce and at-fault divorce. You do not need to prove that your spouse committed adultery or did anything else wrong to get a divorce in Texas. A no-fault divorce can be entered on the grounds of “insupportability.” That means the marriage has become unsustainable due to conflict or discord with no reasonable expectation of reconciliation. At the same time. Texas has six fault-based grounds for divorce—including adultery.

Adultery is a Fault-Based Ground for Divorce in Texas

Adultery is grounds for divorce in Texas. Under Texas Family Code § 6.003, “the court may grant a divorce in favor of one spouse if the other spouse has committed adultery.” If you file for divorce on the grounds of adultery, you must prove that your spouse engaged in an extramarital affair. Direct evidence, such as photos, videos, or witness testimony, can be compelling but is not always necessary. Circumstantial evidence may be sufficient to convince the court.

Given that no-fault divorce is an option, you may be wondering why any person would make the additional effort to pursue an at-fault divorce. The short answer is that it may also be for certain strategic advantages—potentially including a more favorable property division settlement and better terms for spousal maintenance (alimony). Beyond that, proving adultery in court can help to provide closure.

A No-Fault Divorce May Still Be Preferable Even if there is Marital Infidelity

Even if there is clear, admitted adultery, an at-fault divorce is not always the preferred option in Texas. There may be advantages to pursuing a no-fault divorce, even if marital infidelity is a major cause of the breakdown of the relationship. Proving fault-based grounds like infidelity requires evidence, legal fees, and extended court proceedings, which can make the divorce more expensive and contentious. A no-fault divorce allows spouses to move forward without a legal battle over blame. It can often save time, save money, and reduce conflict and stress.

Contact Our Pearland, TX, Divorce Lawyer Today

At John Powell III, P.C., our Pearland divorce lawyer helps clients navigate both no-fault and at-fault divorces in Texas. If you have specific questions or concerns about adultery and divorce, we are here to help. Give us a call now or contact us online for your confidential, no-obligation case review. With a law office in Pearland, we handle divorce cases throughout all of Southeast Texas.