A person on their phone, engaging in infidelity, represents the profound impact of affairs on divorce

When infidelity enters a marriage, the path forward is rarely clear. Whether you’re the one who strayed or the one betrayed, the legal and emotional landscape of your divorce becomes significantly more complex.

How Infidelity Affects Texas Divorce

While Texas is a no-fault divorce state, adultery can still impact various aspects of your case:

  • Fault Grounds: One spouse can file for divorce based on the other’s adultery. This doesn’t guarantee a specific outcome, but it may influence the judge’s decisions in certain situations.
  • Property Division: In some cases, the court may consider fault when dividing assets, potentially awarding a larger share to the wronged spouse.
  • Spousal Support: While less common, infidelity could be a factor when determining alimony, particularly if financial resources were used to support the affair.

Why You Need Ben Carrasco Law

Ben Carrasco understands that infidelity cases often involve intense emotions. He offers:

  • Compassionate Counsel: He provides a safe space to discuss your concerns and fears, whether you’re the one who had the affair or the one who was betrayed.
  • Strategic Advocacy: He’ll explore all legal options to protect your interests, regardless of your role in the infidelity.
  • Protecting Your Future: Ben focuses on securing a fair outcome in terms of property division, spousal support,and custody arrangements.

Let’s Navigate This Together

Whether you’re seeking clarity on the legal implications of infidelity or need a strong advocate by your side, Ben Carrasco is here to help.

Schedule a confidential consultation to discuss your situation and find a path forward.

Key Takeaways

  • Adultery can impact legal divorce proceedings, influencing fault determination, and may require substantial evidence, like texts or witness testimony, to be proven in court.
  • Infidelity can have financial repercussions during divorce, potentially affecting alimony, property division, and indirectly influencing child support if it affects the financial situation of the parents.
  • Child custody decisions are primarily based on the child’s best interests, but the consequences of a spouse’s adultery can affect custody if it impacts the child’s wellbeing or the adulterous parent’s finances.

Understanding Adultery and Divorce

Adultery, defined as voluntary sexual intercourse between a married individual and someone who is not their spouse, can toss a proverbial grenade into marital harmony. But does it play a role in the legal dissolution of marriage? In some jurisdictions, it does and is considered an offense that impacts fault determination in divorce proceedings. However, before you pull out the ‘A’-card in court, it’s crucial to understand that behaviors like:

  • sexting
  • groping
  • petting
  • emotional affairs
  • oral sex

may not meet the legal definition of adultery in some regions.

Now, you may wonder how this legal definition of adultery influences divorce proceedings. It’s like a double-edged sword. On one side, proving that your spouse committed adultery can provide leverage during the divorce process. However, on the flip side, failing to provide substantial evidence can complicate matters, leading to an emotionally draining and extended courtroom battle.

Legal Grounds for Divorce

In the Lone Star State, the law allows for both no fault divorce and fault-based divorces. No-fault divorces are quite straightforward – neither spouse is required to prove wrongdoing by the other to obtain a divorce. However, a fault-based divorce is a different ball game. In this case, specific reasons such as adultery can be cited for the dissolution of the marriage. When it comes to divorce in Texas, understanding the difference between these two types of divorces is crucial.

Adultery can serve as a substantial ground in fault-based divorces, providing an advantage for the spouse who did not commit infidelity. But remember, this is not a guaranteed win. The use of infidelity to gain leverage in a divorce varies based on individual circumstances and how well it can be proven.

Proving Adultery in Divorce Cases

Legal Grounds for Divorce

Proving adultery in court is a challenging task. Unless your spouse openly admits to the affair, you must establish the occurrence of an affair to prove adultery in divorce proceedings. This is where tangible evidence comes into play. Some examples of tangible evidence that can be used to prove adultery in court include:

  • Text messages
  • Emails
  • Photos
  • Videos
  • Witness testimony

In some states like Georgia, you need concrete evidence, not just hearsay, to prove adultery.

Given the complexity involved, divorce attorneys play a pivotal role in proving adultery. They assist in collecting evidence and provide legal guidance throughout the divorce process. However, procuring evidence and proving adultery is just the tip of the iceberg in a divorce proceeding. The financial implications that follow, such as alimony and property division, can significantly impact the final outcome.

How Infidelity Affects Alimony and Property Division

How Infidelity Affects Alimony and Property Division

Navigating the financial implications of adultery in divorce proceedings can be a tricky business. In Texas, adultery may affect the outcome in fault-based divorces, impacting both alimony and property division. So, if you’re on the receiving end of an adulterous relationship, how does this impact your financial settlement?

Proving adultery can result in significant changes to alimony awards, such as reduction or potential increase depending on circumstances. Additionally, the court may favor the innocent spouse in property division if evidence shows the cheating spouse used marital assets to fund their affair. In such cases, the innocent spouse may receive a larger share of community property, or a larger portion of marital debt may be assigned to the cheating spouse as part of the division process.

Alimony Considerations

When it comes to alimony, Texas courts have the authority to consider adultery as a relevant factor when determining the amount and duration of spousal support. However, adultery alone does not automatically disqualify or guarantee support to a spouse. So, if your spouse cheated, it doesn’t necessarily mean you will be awarded a larger alimony or they will be denied it.

An adultery claim can influence decisions on awarding alimony, potentially resulting in denial of spousal maintenance to the cheating spouse. However, it’s important to note that cheating affect alimony is not the sole deciding factor. Apart from adultery, Texas courts also factor in the length of the marriage and the spouses’ financial needs and abilities when determining alimony awards. So, while adultery may tip the scales, other factors play a significant role as well.

Property Division Factors

Adultery can also cast a shadow over the division of marital assets. Texas courts have the authority to take adultery into account when deciding on property division during divorce proceedings. If your spouse spent marital funds on their affair with an other spouse, the distribution of marital assets may be adjusted favorably towards you.

However, it’s not just about the division of assets. Adultery and the resulting division of the marital estate can indirectly influence child support, especially if the adulterous spouse is left with a smaller portion of the assets. Now, this brings us to another crucial aspect of divorce proceedings influenced by adultery – child custody and support.

The Influence of Adultery on Child Custody and Support

Adultery can turn a marriage upside down, but when children are involved, the stakes get even higher. Child custody and support are primarily determined by the best interests of the child, which includes maintaining stability and continuity in the child’s life. But does the act of a cheating spouse sway these decisions?

While adultery itself is not usually considered in custody decisions, the behavior of the cheating spouse can be scrutinized if it affects their parenting capabilities or has negatively impacted the child’s living situation. However, child support calculations are made based on the custodial arrangement and each parent’s financial circumstances, but are not directly affected by adultery unless the affair impacts the financial standing of the parents.

Impact on Child Custody Decisions

Generally, adultery does not affect child custody decisions in court. However, the actions of the adulterous spouse can have an impact on their parenting time. Courts may reduce the cheating spouse’s parenting time or custody if they exposed the children to inappropriate behavior or if the adultery occurred in front of the children. This is a critical factor in family law decisions, as adultery affect child custody in certain situations.

While the courts aim to ensure that both parents have a significant role in raising their children, the child’s best interest remains the top priority. Therefore, any action that threatens the well-being of the child, including exposure to inappropriate behavior resulting from adultery, can influence custody decisions.

Child Support Considerations

When it comes to child support, adultery does not directly influence the calculation of payments. The primary factors considered are the custodial arrangement and each parent’s financial circumstances. However, if infidelity affects the custody arrangement of children, it may lead to changes in child support obligations.

Moreover, adjustments in child support payments could be necessary if either parent’s financial situation changes as a result of the affair. For instance, if the adulterous spouse is left with a smaller portion of the assets, it might affect their ability to contribute to child support, leading to potential adjustments in the child support agreement.

Navigating the Emotional Challenges of Divorce and Affairs

A distressed person, symbolizing the emotional challenges of navigating divorce and affairs

The emotional toll of dealing with infidelity during a divorce can be overwhelming. The feelings of betrayal, hurt, anger, and confusion can create a whirlwind of emotions that require careful navigation. So how does one cope with this emotional roller coaster?

Healing from the emotional impact of infidelity involves engaging in self-reflection, reaching out for support from friends, family, or professionals, and dedicating time for self-care. It’s a journey that requires personal resilience and active effort in the healing process, but with time, the pain of infidelity can diminish.

Self-Care and Support Systems

Navigating the emotional challenges of divorce requires a strong focus on personal well-being. Acknowledging the pain of infidelity and giving oneself permission to grieve is a pivotal part of the healing process. Engaging in activities that promote personal well-being can aid in emotional healing during the challenges of divorce.

Moreover, a strong network of friends and family can provide essential support and help you cope with the stresses associated with divorce. Challenging negative thought patterns and fostering positive emotional support is vital in managing the psychological impact of divorce due to infidelity, as cheating affect divorce in various ways.

Managing Communication with Your Cheating Spouse

Communicating with a cheating spouse during a divorce can be a minefield. Open communication and setting boundaries are crucial steps in managing interactions with an unfaithful spouse during a divorce. While forgiveness may play a role in personal healing, the primary focus should be on setting personal boundaries and securing emotional well-being.

During divorce proceedings, it’s important to maintain a focus on the legal aspects of the separation rather than the emotional conflict. Protecting oneself by seeking legal counsel can ensure proper management of the divorce process, especially when dealing with the complexities introduced by infidelity.

Working with a Divorce Attorney

Working with a Divorce Attorney

When the storm of emotions subsides, the need for legal guidance becomes apparent. When seeking a divorce based on adultery, it’s crucial to seek the guidance of an experienced divorce attorney. An attorney’s Board Certification in Family Law indicates a specialization and expertise that can be beneficial in navigating divorces involving infidelity.

Choosing the Right Lawyer

Selecting the right Texas divorce lawyer is a critical decision. Look for a lawyer with a specialization in family law and a track record in handling cases of infidelity. Communication is key in any relationship, and the attorney-client relationship is no exception. Evaluate a lawyer’s ability to communicate effectively and respond to queries promptly.

Understanding the attorney’s fee structure is also crucial. Whether they charge hourly rates or flat fees, request an estimate of the expected total costs.

Interview potential attorneys to gauge their suitability for your case and begin forming a strong client-attorney relationship.

How an Attorney Can Help

A divorce attorney plays a significant role in adultery cases. They assist with the legal process by:

  • Gathering evidence
  • Evaluating this information to build a strong case
  • Representing their client’s best interests in court during the decision phase, which may impact marital property, spousal support, and child custody arrangements.

However, the quality of representation and the outcome of a divorce case can be significantly affected by the attorney’s availability and the firm’s resources, including the support provided by paralegals and administrative staff. Therefore, consider the following factors when you choose your attorney:

Don’t Let Infidelity Define Your Future:

Ben Carrasco understands the unique complexities when infidelity is involved in a divorce. He brings compassion and legal expertise to guide you through the emotional turmoil while aggressively fighting for your rights and fair compensation.

Ben Carrasco will help you navigate this difficult chapter. He will gather evidence, if needed, and advocate for your interests in court.

Schedule a Confidential Consultation Today:

Get legal guidance, compassionate support, and regain control after infidelity. Contact Ben Carrasco Law to discuss your options and take the first step towards a brighter future.


Understanding how adultery influences divorce proceedings is critical. From legal grounds for divorce to alimony and property division, child custody and support, emotional challenges, and working with a divorce attorney, we’ve walked through the intricacies of how infidelity can alter the landscape of divorce. We hope this journey has offered you clarity and guidance as you navigate these challenging waters.

Frequently Asked Questions

Does adultery always affect alimony and property division in a divorce?

Adultery can influence alimony and property division in a divorce, but its impact depends on various factors such as the length of the marriage and the spouses’ financial needs. Therefore, it does not always guarantee or disqualify support.

Can adultery affect child custody decisions?

Adultery typically does not directly impact child custody decisions, but if the cheating spouse’s behavior negatively affects their ability to parent or the child’s living situation, custody may be adjusted accordingly.

What should I look for when choosing a divorce attorney for a case involving adultery?

When choosing a divorce attorney for a case involving adultery, look for someone specialized in family law with experience in handling infidelity cases. Additionally, consider their communication skills, legal approach, fee structure, and firm resources.

How can I cope with the emotional challenges of a divorce involving adultery?

Coping with the emotional challenges of a divorce involving adultery can be done by acknowledging your pain, leaning on a support network, engaging in self-care, and considering professional help if needed.

How can I improve communication with my cheating spouse during a divorce?

Focus on setting clear boundaries and open communication. Seek legal counsel to manage the divorce process and focus on the legal aspects rather than the emotional conflict.

About the Author
Ben Carrasco is a highly skilled family law attorney based in Austin, Texas, known for his extensive expertise in family law and business litigation. While his primary focus is family law, Ben brings a wealth of experience in litigating diverse business disputes, ranging from breach of contract and collections to business torts, fraud, and real estate matters. In his family law practice, Ben navigates all aspects of the field, including divorce, child custody, support, property division, and more, offering clients expert guidance throughout the litigation process. His legal journey began in complex commercial litigation, initially with a global law firm and later with a prominent Austin-based firm. However, driven by a desire to make a direct impact on people's lives and embrace the human element of the law, Ben transitioned to family law, a decision that has proven to be deeply rewarding. A proud Austin native with roots in California, Ben completed his undergraduate studies at the University of California, Berkeley, before earning his law degree at Stanford Law School, where he excelled in legal writing and served as an associate editor of the Stanford Law and Policy Review.