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DOES ADULTERY MATTER?

Adultery can have an impact on divorce proceedings in Texas, but the significance of adultery in a divorce varies depending on the circumstances and how it is treated under Texas law. Here are some key points to consider:

  1. No-Fault Divorce: Texas is a "no-fault" divorce state, which means that couples can get divorced without proving that one party is at fault for the marriage's breakdown. In a no-fault divorce, the only grounds required for divorce are insupportability, meaning that the marriage has become insupportable due to discord or conflict.
  2. Impact on Property Division: Adultery may impact the division of property in a divorce in some cases – the innocent spouse may get more than half. Texas follows community property laws, and property is generally divided based on what is considered community property (acquired during the marriage) and separate property (owned before the marriage or received as a gift or inheritance). Note: adultery itself does not automatically impact how property is divided.
  3. Child Custody and Visitation: Adultery generally does not have a direct impact on child custody decisions in Texas, as custody determinations are primarily based on the best interests of the child. However, if the adulterous conduct has a detrimental effect on the well-being of the child, it could be considered in custody decisions.
  4. No Adultery Clause in Prenuptial Agreements: Some prenuptial agreements in Texas include clauses specifying the consequences of adultery, such as a financial penalty or a different property division arrangement. These clauses may be enforceable if they meet certain legal requirements.
  5. Proving Adultery: If adultery is alleged as a grounds for divorce or is relevant to issues like spousal support, the accusing spouse may need to provide evidence of the adulterous conduct. This can be challenging, as Texas law has specific requirements for proving adultery.

It's important to note that while adultery can have some legal implications in a Texas divorce, divorce proceedings in the state generally focus on insupportability and the best interests of the child. Consulting with a family law attorney in Texas is advisable if you have questions about how adultery may or may not affect your specific divorce case, as the legal aspects can vary depending on the individual circumstances.

If you have questions, we have answers.

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