Adultery and Divorce: Common Questions Answered
Adultery can have significant legal and emotional consequences in a divorce. Many individuals searching for information on adultery and divorce have questions about how it affects child custody, property division, and even legal claims against a cheating spouse. Below, we answer some of the most commonly asked questions about adultery and divorce to provide clarity and valuable insights.
Is adultery illegal in Texas?
No, adultery is not a crime in Texas. While it may be morally or ethically wrong, Texas law does not criminalize adultery, meaning a cheating spouse cannot be arrested or prosecuted for engaging in an extramarital affair.
Can adultery impact child custody decisions?
Adultery alone does not automatically determine child custody. However, if the affair has exposed the child to an unsafe or inappropriate environment, a judge may consider it when deciding custody arrangements. For example, if a parent’s new partner has a criminal background or substance abuse issues, this could affect custody outcomes.
How does adultery impact property division in a Texas divorce?
Texas is a community property state, meaning that marital assets are typically split 50/50. However, if adultery is proven, the court may award a disproportionate share of the marital assets to the innocent spouse. If a cheating spouse used marital funds to support their affair (e.g., buying gifts, vacations, or even purchasing a home for their lover), the court may compensate the wronged spouse by awarding them a larger portion of the marital estate.
Can adultery affect spousal support (alimony)?
Yes. While Texas has strict requirements for spousal maintenance, adultery can be a factor in determining whether a spouse is entitled to support. A judge may reduce or deny alimony to the cheating spouse if the affair contributed to the breakdown of the marriage.
Can I sue my spouse’s affair partner?
Texas does not allow spouses to sue their partner’s lover for "alienation of affection." However, in some cases, you may be able to file a breach of fiduciary duty claim if marital funds were used to support the affair. This claim can result in financial compensation for the wronged spouse.
What legal claims can I file if my spouse spent marital assets on an affair?
You may be able to file a fraud on the community claim, which argues that your spouse improperly used shared marital funds for personal gain. If successful, the court may require the cheating spouse to reimburse the marital estate.
How can I prove adultery in court?
To prove adultery, you must provide evidence that your spouse engaged in an extramarital affair. This evidence can include:
– Bank and credit card statements showing unusual spending
– Hotel receipts, travel records, or expensive gifts
– Text messages, emails, or social media activity
– Witness testimony from friends or private investigators
Judges typically require clear evidence rather than mere suspicion.
Should I wait until my divorce is finalized before dating someone new?
Yes. Even if you and your spouse are separated, engaging in a new relationship before your divorce is finalized can be considered adultery and may impact divorce proceedings, including property division and custody decisions.
What should I do if I suspect my spouse is cheating?
If you believe your spouse is committing adultery, consider gathering evidence before confronting them. Useful steps include:
– Reviewing financial records for suspicious transactions
– Monitoring social media for unusual activity
– Checking phone records for frequent calls or messages
– Seeking legal advice before taking any legal action
Being strategic and informed can help protect your interests in a divorce.
Can adultery affect paternity issues in a divorce?
Yes. If a child is conceived outside the marriage while a couple is still legally married, Texas law presumes the husband is the legal father. If necessary, a paternity action may be required to establish the biological father’s identity and determine child support and custody arrangements.
While adultery can impact a divorce case in multiple ways, it does not guarantee a specific outcome. The best course of action is to consult with an experienced divorce attorney who can help you understand your rights and build a strong case. If you need legal guidance regarding adultery and divorce, feel free to reach out to BOSWELL LAW FIRM to protect your financial and parental interests.
