Cheating in a divorce

In the bustling city of Austin, TX, the family law office of Ben Carrasco has handled numerous divorce cases. As an experienced divorce attorney, Ben Carrasco is well-versed in the intricacies of divorce proceedings, particularly when a cheating spouse is involved. In Texas, adultery can significantly influence the outcome of a divorce case, impacting everything from property division to child custody determinations.

Understanding Adultery in Texas

Adultery in Texas is legally defined as a married person voluntarily engaging in sexual intercourse with someone, not their spouse. This betrayal can shatter marriage vows and lead to a fault-based divorce. Proving adultery can be challenging, as it requires more than suspicion or the word of the aggrieved spouse. It necessitates convincing evidence of voluntary sexual intercourse. This evidence can be direct, such as explicit text messages or emails, or circumstantial, like credit card statements or bank records that place the unfaithful spouse in the same location as their lover.

Adultery and Divorce in Texas: A Fault-Based Ground

While Texas is a “no fault” divorce state, meaning most divorces are granted on the grounds of “irreconcilable differences,” Texas law also allows for “fault” divorces. In a fault-based divorce, one spouse’s misconduct, such as adultery, can be considered during divorce proceedings. If a spouse cheated, it can be grounds for a fault-based divorce, altering the dynamics of the divorce case.

Proving Adultery in Court: The Evidence Required

Proving adultery in a Texas divorce case can be complex and emotionally draining. Evidence that the other spouse committed adultery must be presented to prove adultery. This can be challenging, as it often requires more than just the innocent spouse’s word. Evidence can include witness testimony, private investigator reports, or even the unfaithful spouse’s own admission of the extramarital affair. Sometimes, the spouse admits to the affair, simplifying the process. However, the innocent spouse or their experienced divorce attorney must gather and present evidence in most cases.

Adultery and Property Division

In Texas, a community property state, marital assets are typically divided equally between divorcing spouses. However, if one spouse can prove the other spouse committed adultery, Texas courts may award the innocent spouse a larger portion of the marital property. This is because the court may consider the adulterous spouse’s betrayal as a form of marital misconduct, which can affect the court’s decision on property division. This includes marital and community property, which encompasses assets acquired during the marriage.

Adultery and Spousal Support: The Role of Marital Misconduct

Adultery can also affect spousal support or maintenance in Texas divorces. If the spouse requesting support committed adultery during the marriage, the court may consider this when deciding whether to award support. Conversely, if the spouse who would pay support was unfaithful, the court might increase the amount of spousal support awarded to the innocent spouse. This is a critical aspect of Texas law, as it ensures that the innocent spouse is not financially disadvantaged due to the other spouse’s infidelity.

Adultery and Child Custody

When it comes to child custody, Texas courts prioritize the best interests of the child. While adultery can negatively impact a spouse’s reputation, it does not automatically disqualify them from custody or visitation rights. However, if the adulterous behavior harms the child or shows a lack of judgment, it could affect child custody determinations. The court’s primary concern is always the child’s well-being; any factors that could jeopardize this can influence custody decisions.

The Emotional Toll of Adultery

Adultery doesn’t just have legal implications; it also carries a significant emotional toll. The betrayed spouse often grapples with feelings of hurt, betrayal, and anger. These emotions can further complicate the divorce proceedings, making it even more essential to have an experienced divorce attorney like Ben Carrasco on your side. He can provide not only legal guidance but also emotional support during this challenging time.

The Legal Implications of Adultery

Adultery can also have legal implications beyond divorce. For instance, if marital funds were used to support the extramarital affair, the court might consider this when dividing marital assets. This could include money spent on gifts, trips, or housing for the person with whom the spouse had an affair. In such cases, the court might award the innocent spouse a larger portion of the marital assets to compensate for the misused funds.

How Does Adultery Affect Child Custody?

While adultery doesn’t directly affect child support amounts in Texas, it can indirectly influence the court’s decisions. For example, if the adulterous spouse spent significant marital funds on the affair, it might affect their ability to provide child support. Additionally, if the court awards the innocent spouse a larger portion of the marital assets, this could also impact the required child support.

The Role of Adultery in Legal Separation

While Texas doesn’t recognize legal separation, adultery can still play a role if the couple decides to live apart before finalizing their divorce. If the spouse who committed adultery begins a new relationship during this period, it could affect the final divorce settlement. This is another reason why consulting with an experienced divorce attorney is crucial if you suspect your spouse of adultery.

The Importance of Legal Guidance

Navigating a divorce involving adultery can be complex and emotionally draining. It’s crucial to have an experienced divorce attorney like Ben Carrasco on your side. He can provide the legal guidance you need to protect your rights and interests, helping you navigate the complexities of Texas law and the Texas courts. Whether dealing with property division, spousal support, child custody, or child support, Ben Carrasco can provide the expert legal support you need.

Navigating Adultery in Divorce

Adultery can introduce a layer of complexity to a Texas divorce, influencing property division, spousal support, and even child custody. If you suspect your spouse of adultery, it’s crucial to consult with an experienced divorce attorney like Ben Carrasco in Austin, TX. He can guide you through the process, ensuring your rights and interests are protected in Texas courts. With his expertise and commitment, you can navigate the challenging terrain of divorce with confidence and clarity.

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.