Will Adultery Affect My Divorce?

man holding married woman's hand
Divorce is the dissolution of your marriage, and while your marriage is a legal contract, it is also an emotional bond, which makes divorce about as messy as it can possibly be. If, however, adultery plays a role, it can make your divorce that much more difficult – and that much messier. If you are facing a divorce involving adultery, do not delay consulting with an experienced McLennan County divorce lawyer. (Learn more on Filing for Divorce in Texas.)

Your Fault-Based Divorce

If you are pursuing a fault-based divorce, the fault involved can be adultery. You will, however, be required to prove the adultery in question before the court will allow your divorce to proceed on the basis of fault. Simply suspecting your spouse of having committed adultery will not cut it for the court – regardless of how correct you are on the matter (you obviously know your spouse very well, and if you are convinced that he or she is having an adulterous affair, the chances are good that he or she is). Circumstantial evidence, however, can play a starring role in your lineup of evidence, including the following:

  • Racy (or worse) text messages and photos sent between your spouse and his or her presumed paramour

  • An inordinate number of phone calls (perhaps at odd hours) between your spouse and his or her presumed paramour

  • Snippets of phone conversations between your spouse and his or her presumed paramour that are overheard by you

  • Your spouse’s suspicious social media activity

  • Unexplained charges for hotels, dinners, and/or gifts on your spouse’s credit card that points to his or her adulterous activity

  • Gossip regarding your spouse and his or her presumed paramour that reaches you

The judge in your case will consider the overall amount and breadth of the evidence you have regarding your spouse’s adultery in determining if it rises to the level of establishing fault in your divorce.

If your spouse wants a divorce and you do not, read this article for advice on how to proceed.

Your No-Fault Divorce

If you are seeking a no-fault divorce – the way the vast majority of divorcing couples do in the State of Texas – it does not mean that the fact of your divorcing spouse’s adultery cannot play a role. Consider the following:

  • Your spouse’s adultery can affect how your marital property is divided between the two of you – especially if it is determined that your spouse used marital funds in the commission of his or her adulterous acts (paying for hotel rooms, expensive dinners, and/or gifts for his or her paramour, for example).

  • If your spouse would have been eligible for alimony, the court can use the fact of his or her adultery to deny it. The opposite can also be true, and if your right to alimony is undecided, the fact of your spouse’s adultery can tip the balance in your direction.

Reach out to an Experienced McLennan County Divorce Lawyer Today

The fact is that adultery can affect your divorce, and attorney Brett Pritchard at The Law Office of Brett H. Pritchard in McLennan County, Texas, is here to help you find your best path forward in the face of the difficult situation you find yourself in. For more information, please do not hesitate to contact us online or call us at 254-501-4040 today.


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