HOW DOES A JUDGE TREAT ADULTERY /INFIDELITY IN A TEXAS DIVORCE

As with most questions in family law, the answer is “it depends.” It is true that adultery may influence the division of the marital, but that is not always the case.

A judge may consider several factors at divorce when dividing the marital property, one of which being fault in breaking up the marriage. While a judge has discretion to consider fault when dividing the estate, the judge is not required to do so. A judge is unlikely to put substantial weight on the fact that a spouse had an affair without compelling evidence that the marital estate has suffered financial harm or other equitable reasons.

So how do you show evidence of financial harm? Show the receipts (bank statements, transfers of marital property, etc.). For instance, if your spouse has made sizable gifts to a paramour from the community funds—such as cash, a car, payment of bills, vacations, etc.—then you may establish fraud on the community. If you establish fraud on the community, then the court may order your spouse to reimburse the community for the funds spent on the extra-marital relationship(s).

A common way to determine whether a spouse’s affair will have an impact on the property division is identifying how much community assets were spent on the extra-marital relationship. The strategy pertaining to your claims may be different depending on whether you are going to trial or mediation.

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