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Adultery in a Texas divorce is one of the standard grounds for divorce.  In Texas, you may file for divorce without finding fault in either spouse.  This is generally called insupportability. 

If you file on the grounds of adultery in a Texas divorce, you are requesting that the court make a finding of fault.  If you file on the grounds of adultery, it can affect the division of community property.

Adultery in a Texas Divorce

Adultery,” is defined by the Texas court system. It is voluntary sexual intercourse of a married person with one who is not their husband or wife.  For the action to arise to the level of adultery in a Texas divorce, it must be actual intercourse and not just physical affection. 

Merely exchanging photos or texts on your phone does not meet the level of intercourse.  It is the same that they spent time alone together.  You must prove by clear and convincing evidence that the adultery occurred. This is done by your spouse acknowledging the act, or by other evidence.

Disproportionate Division of Marital Property

To divide marital property, the court uses a “just and right” standard to determine the division of the marital assets.  A finding of adultery can change the percentages of that division.  For example, if you receive a greater percentage of your marital assets, it would be a disproportionate division.

A finding of adultery in a Texas divorce will not likely change amounts of spousal maintenance or child support.  It could affect child custody depending upon the facts.

Conclusion

There are various reasons for the court to award a disproportionate share of the marital estate.  Make sure that your attorney understands the events that lead up to your divorce.  The law firm will help you understand what information that you need to establish a claim for adultery.