In Texas, adultery is one of the grounds for divorce, along with cruelty, abandonment, living apart, and confinement in a mental hospital. In this article, we will provide an overview of the impact of adultery on divorce in Texas, and how it is proven in court.
Adultery as a ground for divorce in Texas
Under Texas law, adultery is defined as voluntary sexual intercourse between a married person and someone other than the spouse. To obtain a divorce on the grounds of adultery, the spouse alleging adultery must prove that the other spouse committed adultery.
Proving adultery in court
In Texas, there are several ways to prove adultery in court. The spouse alleging adultery can present evidence of eyewitness testimony, photographs, or other tangible evidence of the adultery. The spouse can also present circumstantial evidence, such as suspicious behavior or a sudden change in the spouse’s appearance or demeanor.
It is important to note that in Texas, adultery is a fault-based ground for divorce, which means that the spouse alleging adultery must prove that the other spouse is at fault for the breakdown of the marriage. This can be difficult to do, as the court will not consider the adultery alone, but will also consider other factors, such as the length of the marriage and the parties’ conduct during the marriage.
Impact of adultery on divorce in Texas
In Texas, adultery is not typically considered a significant factor in the divorce process, and it will not necessarily impact the court’s decisions regarding property division, alimony, or child custody. However, if the adultery has resulted in significant financial consequences for one spouse (such as the other spouse using community funds to support the affair), the court may consider this in dividing the parties’ property.
Conclusion
In Texas, adultery is one of the grounds for divorce, and can be proven in court through eyewitness testimony, tangible evidence, or circumstantial evidence. However, adultery is not typically considered a significant factor in the divorce process, and it will not necessarily impact the court’s decisions regarding property division, alimony, or child custody. It is important for parties going through a divorce to understand the impact of adultery on divorce in Texas, and to seek the guidance of a qualified attorney who can help protect their rights and interests.