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Law Offices of Rebecca Gonzalez, P.C.
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Does infidelity affect divorce in Texas?

On Behalf of | Oct 3, 2024 | Divorce

Infidelity can influence divorce proceedings, but it may not always have a significant impact. Texas is a “no-fault” divorce state, allowing couples to divorce without proving misconduct. Understanding how Texas law addresses infidelity helps clarify its potential impact on divorce proceedings.

Infidelity and property division

Under Texas Family Code Section 7.001, courts must divide community property in a “just and right” manner, which allows them to consider various factors beyond a simple 50/50 split. In cases of adultery, the court can adjust the property division to reflect the financial and emotional harm caused. This is especially important if the affair negatively impacted the couple’s financial stability.

Infidelity and spousal support

Adultery can affect spousal support under Texas Family Code Section 8.051. Courts may reduce or deny alimony if the unfaithful spouse’s actions contributed to the breakdown of the marriage. The court considers the financial and emotional impact of infidelity when determining whether to award support. 

Infidelity and child custody

While infidelity can influence property and alimony decisions, it rarely affects child custody. Under Texas Family Code Section 153.002, the court’s priority is the best interest of the child. Unless the affair directly harmed the child or endangered their well-being, adultery generally does not impact custody decisions. The court is more concerned with each parent’s ability to provide a safe, stable environment for the child, regardless of personal conduct during the marriage.

Infidelity’s role in divorce

Infidelity can bring additional challenges to divorce, especially when emotions are high. It’s essential for both parties to focus on practical solutions that protect their financial future and family stability. This approach helps move the divorce proceedings forward with less conflict.

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