Divorce is a complex and emotional process, particularly when one spouse accuses the other of adultery. In Texas, a state that recognizes both fault and no-fault divorces, adultery can significantly influence various aspects of the proceedings, including asset division, child custody, and alimony.
Introduction
In Texas, where both fault and no-fault grounds for divorce exist, adultery can have a profound impact on the outcome of divorce proceedings. While Texas allows for “no-fault” divorces, meaning neither party must prove wrongdoing to end the marriage, accusations of adultery can tip the scales in favor of the non-adulterous spouse when it comes to issues like property division and alimony. Understanding how Texas courts treat adultery, particularly through case law examples, can provide valuable insight for those facing divorce due to infidelity.
What Constitutes Adultery in Texas Law?
Texas law defines adultery as voluntary sexual intercourse between a married person and someone who is not their spouse. Adultery can occur at any time before the finalization of the divorce, and proof of adultery can influence various aspects of the divorce, including asset division and alimony awards.
In Texas, adultery is treated as a fault ground for divorce, which can provide the non-adulterous spouse with certain advantages during divorce proceedings. However, the burden of proof lies on the accusing party, who must provide clear evidence that the adultery occurred.
How Adultery Affects Fault-Based Divorce in Texas
Texas is a community property state, meaning that, in general, all property acquired during the marriage is subject to equal division upon divorce. However, when adultery is proven, it can affect the court’s decision on how to divide assets, award alimony, and, in some cases, determine child custody arrangements.
- Property Division
Adultery can influence the division of marital property, as courts in Texas may take adultery into account when deciding what constitutes a fair and just distribution of assets. The non-adulterous spouse may receive a larger share of the marital estate as compensation for the infidelity.
- Alimony (Spousal Support)
Texas law provides for spousal support or alimony under certain conditions, and adultery can be a factor in determining whether or not one spouse should pay alimony. Courts may refuse to grant alimony to a spouse who has committed adultery, even if that spouse would otherwise be entitled to support.
- Child Custody
While adultery does not directly impact child custody decisions, Texas courts will always prioritize the best interests of the child. However, if adultery is shown to have a negative impact on the child, such as exposing the child to harmful situations, it could influence custody arrangements.
Proving Adultery in a Texas Divorce
To successfully claim adultery in a Texas divorce, the accusing spouse must provide credible and convincing evidence. The burden of proof requires more than mere suspicion or hearsay; it requires tangible evidence such as text messages, emails, photographs, or witness testimony. Private investigators are often hired to gather evidence in adultery cases, and the courts will carefully scrutinize all presented materials.
Texas Case Law Examples Involving Adultery
Several Texas divorce cases have established precedents on how adultery impacts the proceedings. These case law examples illustrate the courts’ approach to infidelity and how it can sway decisions on asset division, alimony, and custody.
- In re Marriage of C.A.S. and D.P.S. C.A.S., 491 S.W.3d 906 (Tex. App. 2016)
This case involved a husband who sought spousal support after his wife filed for divorce, citing his infidelity as the cause of the marriage’s dissolution. The court ruled that the husband’s adulterous behavior precluded him from receiving alimony, even though he met the financial requirements for support. The court’s decision underscored that Texas courts could deny alimony based on marital misconduct.
- Phillips v. Phillips, 75 S.W.3d 564 (Tex. App.—Beaumont 2002, no pet.)
In this case, the appellate court affirmed a trial court’s decision to award a disproportionate share of community property to the wife. The trial court found that the husband’s extramarital affair and his use of community assets to further that affair constituted “wasting of community property.” The court considered the adulterous conduct in determining an equitable division of the marital estate.
- Massey v. Massey, 807 S.W.2d 391 (Tex. App.—Houston [1st Dist.] 1991, writ denied)
In this case, the court found that the husband’s adulterous behavior was a contributing factor to the breakdown of the marriage and awarded a disproportionate share of the community property to the wife. This case reiterates that Texas courts may consider adultery as a significant factor when deciding on a disproportionate division of assets, especially when the affair leads to financial harm or emotional distress to the non-adulterous spouse.
- Hicks v. Hicks, 348 S.W.3d 281 (Tex. App.—Houston [14th Dist.] 2011, no pet.)
The court ruled that the husband’s adulterous actions and financial irresponsibility in dissipating community assets justified awarding the wife a larger portion of the community property. In this case, the court considered the fault ground of adultery as well as the husband’s misuse of marital funds to determine that a disproportionate division was appropriate.
How Courts Weigh Adultery in Divorce Cases
Texas courts have discretion in weighing adultery in divorce proceedings. Judges consider the totality of the circumstances, including the length of the marriage, the financial situation of both spouses and the severity of the adultery. While adultery does not guarantee an outcome that favors the non-adulterous spouse, it can be a significant factor in the court’s final decision.
- Severity of the Adultery
If the adultery was a one-time occurrence, the court might be less likely to heavily penalize the adulterous spouse. However, suppose the infidelity involved a long-term affair, cohabitation with a third party, or reckless behavior that endangered the family’s financial security or the well-being of the children. In that case, the court may take a harsher stance.
- Financial Implications
In some cases, the adulterous spouse may have used marital assets to support their extramarital relationship. If it is proven that the adulterous spouse spent joint funds on their affair, the court may require the spouse to reimburse the marital estate. This is known as “fraud on the community” and can result in a larger award of assets to the non-adulterous spouse.
No-Fault vs. Fault-Based Divorce in Texas: The Role of Adultery
Texas allows for both no-fault and fault-based divorces. In a no-fault divorce, neither party needs to prove wrongdoing, and the grounds for divorce are simply “insupportability” or irreconcilable differences. However, in a fault-based divorce, one spouse must prove that the other engaged in misconduct, such as adultery, cruelty, or abandonment.
Choosing a fault-based divorce on the grounds of adultery can have advantages, particularly in the division of assets and alimony awards. However, fault-based divorces are often more contentious, time-consuming, and expensive due to the need for evidence and litigation.
Adultery can have significant ramifications in Texas divorce proceedings, especially when it comes to asset division and spousal support. While proving adultery can lead to a more favorable outcome for the non-adulterous spouse, it is not a guarantee. Texas courts will always consider the totality of the circumstances and strive to achieve a fair and just resolution for both parties.
How can we assist?
By understanding how adultery is treated in Texas family law, individuals going through a divorce can make informed decisions about whether to pursue a fault-based divorce and how to present their case. The case law examples provided in this article demonstrate the potential consequences of adultery in Texas divorce cases, offering valuable insight for those navigating this challenging and emotional process.
At our firm, we have extensive experience assisting clients with divorce cases. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.