Many divorces in Texas are initiated because one spouse has done something that the other simply cannot tolerate. One spouse discovering that the other has cheated could be enough for them to want to end the marriage, for example.
Whether someone conducted a long-term affair with a specific individual or had one-night stands on business trips, their spouse may want to end the marriage because of the violation of their vows that occurred. Those who uncover adultery often feel betrayed and expect that the Texas family courts will give them some degree of justice.
Can the spouse who remained faithful expect that the family courts will consider infidelity when making determinations about a divorce?
Adultery often has minimal impact
The unfortunate truth for those coping with emotional damage related to a spouse’s infidelity is that the courts have very little interest in micromanaging interpersonal relationships. While adultery is a major violation of someone’s trust and could put their health at risk, the courts are unlikely to punish someone when dividing marital property or making custody decisions because of spouse accuses them of infidelity.
Even if someone has very clear evidence of their spouse’s misconduct, claims of adultery brought by one spouse usually have minimal influence on the outcome of divorce proceedings. The one exception to this rule involves the use of marital resources or the acquisition of debt to conduct an affair. If someone bought an affair partner gifts, took them on vacations, enjoyed dates at restaurants or rented hotel rooms using marital funds or credit cards, the value of those transactions could influence the outcome of property division proceedings. The use of marital assets for a person that undermines the relationship is a form of dissipation that can affect what a judge believes is an appropriate division of marital property in a Texas divorce.
Uncontested divorces may reflect complex situations better
Spouses who want justice after an extramarital affair may have an easier time obtaining concessions from their unfaithful spouses if they attempt to file an uncontested divorce. If someone actually feels remorse for their actions, they may agree to certain concessions regarding property division or financial support because of how their behavior affected their spouse and the marriage.
Even if such concessions are unlikely, people may find that simply moving on from the marriage is the best option that will offer them the brightest possible future. Having a realistic idea about how infidelity may affect a Texas divorce might benefit those shocked to discover that a spouse has not been faithful.