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Does Cheating Impact Divorce?

The Role of Infidelity

When it comes to divorce, does cheating matter? This is a question that many people in Texas who are considering divorce are asking themselves — as the answer can vary state by state.

Unfortunately, there is no easy answer. While infidelity may not be the only reason for a divorce, it can certainly play a role in the proceedings. Keep reading to learn how cheating can impact divorce in Texas and what you need to know if you are considering filing for divorce.

A No-Fault State

In Texas, grounds for divorce are classified as either no-fault or fault. In a no-fault divorce, the court does not consider which spouse is at fault for the marriage ending. The only requirement is that one spouse must state that the marriage has "irretrievably broken down" and there is no hope of reconciling.

Fault divorces are granted on the grounds of adultery, cruelty, abandonment, imprisonment, or conviction of a felony with a sentence of at least one year. However, in practice, very few divorces are granted on these grounds because it can be difficult to prove fault. Additionally, even if fault can be proven, it generally does not impact the division of property or custody arrangements.

While infidelity does not impact the divorce process in Texas, it can have an indirect impact in certain situations. For example, if one spouse has been unfaithful, the court may consider this when making a decision about alimony. Additionally, if cheating has led to financial problems (such as one spouse racking up significant debt on a joint credit card), the court may consider this when dividing property.

Ask Questions of an Attorney

Ultimately, whether or not cheating will have any direct or indirect impact on your divorce will depend on your individual circumstances. If you have any questions or concerns about how infidelity may impact your divorce, it is important to speak with an experienced family law attorney.

At Verner Brumley Mueller Parker, we can help you understand all facets of divorce in Texas and provide you with the guidance you need to move forward. Learn more about how we can help or schedule a consultation with a member of our team by calling us at (214) 225-6766 or by visiting our website.