The betrayal behind adultery is unspeakably devastating. Discovering that your spouse is having an extramarital affair can tear your relationship apart and push you to contemplate filing for a divorce.
Although not considered illegal, the Texas Family Code indicates adultery as grounds for a fault-based divorce. Seeking a divorce based on adultery can impact other crucial aspects, like child custody, child support, spousal maintenance and division of marital assets.
But as heartbreaking as it is, not all forms of cheating fall under the legal definition of Texas adultery. Kissing, inappropriate touching and exchanging sexually charged messages are not enough proof to establish your spouse’s marital misconduct.
Clear and convincing circumstantial evidence
As much as your gut fiercely tells you that your spouse is being unfaithful, suspicion doesn’t stand in a Texas court. You must have indisputable and concrete proof that your spouse engaged in extramarital sexual intercourse with another individual resulting in the breakdown of your marriage. Undeniable evidence includes:
- Mobile records, including explicit text messages and phone calls
- Tangible items, like material gifts, love notes and letters
- Financial records, such as questionable trips, dinners and gifts
- Verbal or written witness testimonies from family, friends and colleagues
- Social media exchanges, like romantic posts and comments
- GPS logs and other travel records indicating a visit to the paramour’s home
- Compromising visuals, including photos, videos and surveillance camera footage
Even if engaging in an adulterous act does not necessarily make your spouse a bad parent, the court still decides based on the child’s best interests. If your spouse becomes irresponsible in their parental responsibilities due to their new relationship, the court’s decision about child custody may be in your favor.
Living through a broken vow
An uncontested divorce may cost you lesser, save you more time and spare your child from the emotional storm. But if you think that pursuing a fault-based divorce is how you want to address the end of your marriage, it will help to have a legal divorce counsel present you with options considering your family’s best interests.