Do you need to prove cheating to divorce over an affair?

 Posted on June 14, 2022 in Divorce

Couples in Texas get divorced for many kinds of reasons. For example, some people get divorced because of health issues. One spouse may not want responsibilty for the other’s medical bills. Other spouses grow apart over the years and separated to pursue what makes each of them happy.

A significant number of divorces in Texas occur because one spouse cheats on the other. Infidelity is among the leading causes of modern divorce, and it can lead to very emotional divorce proceedings. The spouse who discovered the affair often wants justice, and they may try to use the courts to seek it.

Will you need to prove that your ex was unfaithful to divorce over adultery in Texas?

Proof isn’t necessary just to get a divorce

In Texas, as in most other states, you can divorce in no-fault proceedings without proving anything about your marital circumstances. You don’t need evidence of adultery or other misconduct when you divorce based on claims that your relationship is beyond repair.

However, you might also choose to pursue a fault-based divorce due to your spouse’s infidelity, especially if you have a prenuptial agreement or belong to a conservative community that might frown on you for filing for divorce. You will typically need evidence that will hold up in court to pursue a fault-based divorce.

The impact of proving adultery

If you have evidence infidelity, especially if you can show that your spouse harmed you or wasted marital resources through their infidelity, that may have a bearing on what happens in your divorce proceedings.

Texas is one of very few states that allow judges to consider marital misconduct when dividing property. Money wasted on the affair could also influence how a judge divides your property and your debts in a Texas divorce.

If you don’t already have evidence or don’t relish the idea of discussing such matters in open court, then may need to focus on the future rather than holding your spouse accountable for their prior infidelity. Thinking about what is most important to you during the divorce and after the end of your marriage can help you decide the right divorce strategy to employ in negotiations with your ex or when litigating in the Texas family courts.