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Specialty tag(s): Divorce

How Does Adultery Affect Divorce?

Lindsey Obenhaus | July 10, 2025

In Texas, adultery can significantly impact how a divorce is handled, both legally and emotionally. As one of the recognized fault-based grounds for divorce, infidelity can lead to an unequal division of property and may influence other key aspects of the case. If you’re facing a divorce due to adultery, it’s important to understand how the court may weigh the marital misconduct when determining a fair outcome.

Does Adultery Affect Divorce in Texas?

Yes, adultery can have a direct effect on a divorce in Texas. Under Texas divorce laws, adultery is one of the legally recognized fault grounds, and courts can take it into account during the property division process. If one spouse can prove that the other committed adultery, the court may award them a disproportionate share of the community estate, meaning they could receive more than 50% of the assets.

Divorce due to adultery can also lead to claims of fraud or waste. If the cheating spouse used marital funds to support the affair, such as paying for hotels, gifts, or travel, this can be grounds to seek reimbursement or an unequal division of assets.

How Does Adultery Affect Emotions and Negotiations?

One of the most challenging aspects of adultery and divorce in Texas is the emotional impact it can have. The end of a marriage is rarely easy, but the combination of adultery and divorce can lead to significantly heightened emotions. Infidelity breaks trust between spouses, which can make negotiations and settlement offers that much more difficult to navigate. The trust issues caused by adultery don’t end with the divorce, either. If the spouses have children, the emotional repercussions of the affair can affect their ability to co-parent.

What Should You Do if You Suspect Adultery?

Attorney Lindsey Obenhaus, a board-certified family law specialist at Goranson Bain Ausley, recommends the following steps if you suspect that your spouse is cheating:

1. Talk to an Attorney About Your Situation. Whether you have concrete proof or strong suspicions, speak with a divorce attorney to understand how Texas divorce laws on adultery could affect your rights, especially in terms of financial or custody outcomes.
2. Gather Evidence With Caution. Monitoring a spouse’s communication or activities may violate privacy laws. Always get legal advice before checking your spouse’s texts or emails or installing surveillance tools.
3. Be Strategic. While it may be tempting to confront your spouse or share information publicly, emotional reactions can backfire legally.
4. Take Care of Yourself. Betrayal can be deeply damaging to your self-esteem and emotional well-being. Prioritize support from a counselor or therapist to help you remain focused on your legal and personal goals.

Contact an Experienced Divorce Attorney Today

If you’re facing the possibility of a divorce due to adultery, the attorneys at Goranson Bain Ausley are here to help you understand the effects of divorce law in Texas on adultery and build a path forward that prioritizes your well-being and your future. Contact us today to schedule your consultation.