Sex, Lies, Rock-and-roll, and Adultery in a Texas Divorce

As an attorney specializing in divorce litigation in Houston, Texas, I often encounter discussions about adultery in divorce proceedings. This frequent mention of adultery may be surprising, considering Texas follows a no-fault divorce system. In a no-fault divorce, a spouse does not need to prove that the other spouse committed any wrongful act or exhibited fault to obtain a divorce.

However, adultery persists as a significant consideration in many divorce cases. This article aims to provide a more comprehensive understanding of why adultery is significant in a Texas divorce, how it potentially impacts property division and spousal support, the type of proof needed to establish adultery, and its relevance even after couples have separated.

Unpacking the Role of Adultery in Texas Divorce Proceedings

In a no-fault divorce state like Texas, a spouse doesn’t have to prove any form of fault to obtain a divorce. Still, many individuals often inquire if it’s necessary to bring forth an allegation of fault, like adultery, when a divorce can be granted on the simple grounds of insupportability, or a discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

Although alleging fault is not a prerequisite to obtaining a divorce in Texas, a common question that usually follows is: why would anyone decide to allege adultery under Section 6.003 of the Texas Family Code in their divorce petition? The primary motive for alleging fault, specifically adultery, in a Texas divorce, revolves around its potential influence on the distribution of the marital estate.

By successfully proving fault, such as adultery, a party can request the court to distribute the marital assets disproportionately, enabling the non-offending party to secure a larger share of the marital property. This possible disparity in property division is often the driving force behind alleging adultery in divorce proceedings.

The Impact of Adultery on Divorce Proceedings: Is It Always Significant?

Despite the potential severity of adultery and its possible influence on the division of marital assets, it’s important to underline that divorce courts often adopt a relatively dismissive attitude when it comes to instances of adultery. Generally, adultery does not significantly alter the course or the outcome of divorce proceedings.

Nonetheless, there are situations where the courts may pay closer attention to adultery, especially if the adulterous acts occurred within the sight or knowledge of the children from the marriage. This heightened attention derives from the potential negative implications on the psychological well-being and the overall upbringing of the children involved.

The Influence of Adultery on Spousal Support Decisions

While adultery may not have a substantial impact on the division of marital assets, its presence can shape decisions about spousal support. If a spouse qualifies for spousal support under Texas law and the presiding judge is inclined to grant it, marital fault, including adultery, can influence the decision-making process. In such instances, the judge will evaluate both the amount and duration of the spousal support and the presence of adultery could potentially sway these considerations.

The Burden of Proof: Establishing Adultery in a Texas Divorce

Accusing a spouse of adultery in a Texas divorce goes beyond a simple declaration; it demands adherence to specific guidelines outlined in the Texas Family Code, specifically under Section 6.003. To establish adultery, one can present either direct or circumstantial evidence. However, it’s crucial to recognize that the burden of proof for establishing adultery falls under the clear and convincing category, which is less stringent than the “beyond a reasonable doubt” standard typically applied in criminal cases.

The Persistence of Adultery: Its Relevance Post-Separation

It’s important to note that the relevance of acts of adultery persists even after a couple legally separates. Section 6.003 of the Family Code allows for the use of post-separation adultery to establish grounds for divorce. These acts, even when occurring after legal separation, may influence property division and spousal support determinations in divorce proceedings.

Concluding Thoughts: Grasping the Significance of Adultery in Texas Divorce Proceedings

Adultery frequently emerges as a significant topic in many Texas divorce cases, despite the state’s no-fault divorce policy. While proving fault, such as adultery, is not required to obtain a divorce in Texas, it can influence property division and spousal support determinations. Although divorce courts typically downplay the impact of adultery, they scrutinize cases involving adulterous acts that occur in the presence or knowledge of children more closely.

To prove adultery in divorce proceedings, parties must meet a clear and convincing burden of proof, and courts may consider even post-separation acts of adultery. By gaining a deeper understanding of how adultery impacts Texas divorces, clients and legal professionals can navigate the complex and emotionally charged landscape of divorce litigation more effectively.

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Other Articles you may be interested in:

1. Texas Adultery and Child Custody: What You Need to Know
2. How Adultery Impacts Divorce Outcomes in Texas: What You Need to Know
3. Understanding the Effects of Adultery on Children: Insights from Texas Family Law
4. Is Adultery a Crime in Texas?
5. Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
6. 6 things You Need to Know Before You File for Divorce in Texas
7. Texas Divorce Morality Clause: Be Careful What You Ask For
8. What Does Insupportability or No-Fault in a Texas Divorce Mean?
9. The Simplified Process for an Uncontested Divorce in Texas
10. Explaining the Contested Divorce Process in Texas
11. How Much Circumstantial Evidence Is Needed to Prove Adultery In Texas
12. What happens if a court order paternity test shows you are the father of the child?
13. How to handle a cheating spouse in Texas
14. Pregnancy and Divorce: Can the two mix in Texas?
15. A blog post for those facing mental health problems during a divorce

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.