The Impact of Adultery on Divorce Outcomes in Texas

Adultery can have significant implications for divorce proceedings, affecting various aspects of the dissolution process, including property division, alimony, and child custody arrangements. In Texas, adultery is one of the fault grounds for divorce, and understanding its impact on divorce outcomes is essential for individuals navigating the dissolution of their marriage. In this informative guide, we’ll explore the legal implications of adultery in Texas divorce cases and how it may influence the final divorce decree.

Fault Grounds for Divorce

Texas is a “no-fault” divorce state, meaning that spouses can seek a divorce without proving fault grounds such as adultery. However, adultery is still recognized as a fault ground for divorce in Texas, allowing a spouse to petition for divorce based on the other spouse’s infidelity. Proving adultery can be challenging, requiring evidence such as witness testimony, photographs, or electronic communications.

Effect on Property Division

Adultery can impact the division of marital property in a Texas divorce. While Texas is a community property state, meaning that marital assets are typically divided equally between spouses, adultery may be considered by the court when determining the division of property. The court may award a greater share of the marital estate to the innocent spouse as compensation for the adultery.

Alimony Considerations

Adultery may also affect alimony, or spousal support, in Texas divorce cases. A spouse who has committed adultery may be ineligible to receive spousal support from the other spouse. Conversely, the innocent spouse may be entitled to receive alimony as a form of financial support, particularly if the adultery contributed to the breakdown of the marriage or caused economic harm.

Child Custody and Visitation

Adultery generally does not have a direct impact on child custody arrangements in Texas. The court’s primary consideration in child custody cases is the best interests of the child, and allegations of adultery alone are unlikely to sway custody decisions. However, if the adultery has a detrimental effect on the child’s well-being or poses a risk to their safety, it may be considered by the court when determining custody and visitation arrangements.

Legal Representation and Advocacy

If adultery is a factor in your divorce case, it’s essential to seek legal representation from an experienced family law attorney. A skilled attorney can provide guidance on how to navigate the legal process, gather evidence to support your case, and advocate for your interests in court. Whether you’re alleging adultery or defending against such allegations, legal representation is crucial for achieving a fair and equitable outcome in your divorce proceedings.


Adultery can have significant legal implications for divorce outcomes in Texas. Understanding how adultery may impact property division, alimony, and child custody arrangements is essential for individuals going through a divorce. By seeking legal guidance and advocacy, individuals can navigate the complexities of adultery in divorce proceedings while working towards a resolution that protects their interests and rights.