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My Spouse Cheated on Me. Will it Impact Our Divorce?

 Posted on December 08, 2021 in Divorce

TX divorce lawyerUnfortunately, extramarital relationships are not uncommon. Studies show that up to 70 percent of married people have cheated on their spouses. Of course, what counts as cheating may vary by person. Some people define adultery as having sexual relations with someone other than your partner. Others consider emotional infidelity or online relationships cheating as well. If your spouse cheated on you and you plan to divorce, it is important to learn about how the infidelity may impact the divorce case.

Texas Law Regarding Divorce and Adultery

Divorce laws vary by state. Texas is one of the few states that still has fault-based grounds for divorce. Adultery is one of those grounds. However, Texas law defines adultery as having sex with someone other than your spouse. Emotional affairs do not constitute adultery under the law.

If your spouse cheated on you, this may impact the property division process. Texas is a community property state. Marital property, meaning assets acquired during the marriage, are divided by the courts in a manner that is “just and right.” If your spouse had an affair or cheated, this may influence how the court divides property in your divorce. You may be entitled to a greater share of the marital estate. However, several other factors also influence property division including each spouse’s financial circumstances, the size of the marital estate, and divorce provisions involving children.

Spousal support or alimony is not usually impacted by cheating. A spouse may be entitled to spousal support if the marriage lasted at least 10 years or the spouse was a victim of domestic violence and the spouse is unable to financially support himself or herself.

Child custody is not usually affected by a spouse’s infidelity. However, there are exceptions to this rule. If you can demonstrate that your child’s wellbeing is negatively influenced by your spouse’s new partner(s), the court may limit the spouse’s share of custody.

Contact an Austin, Texas Divorce Lawyer

Cheating can potentially impact your divorce case. For personalized legal guidance regarding adultery and divorce, contact the Austin complex divorce attorneys at Powers Kerr & Rashidi, PLLC. Our team can help you understand all of your divorce options and then pursue the option that makes the most sense in your particular situation. We will provide dependable advice and aggressive legal representation throughout your case. Call our office at 512-610-6199 to learn more about how we can help. Schedule your confidential consultation today.



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