If your marriage is ending because of infidelity on the part of your spouse, it’s normal to be upset or even wonder if you can get him or her in legal trouble for cheating. The truth is that adultery is not illegal in Texas, so a cheating spouse will not be punished by law. However, adultery does have an effect on divorce in this state.

In particular, adultery can affect property division. In some circumstances, it can also affect child custody. Here’s a quick look at how this works and why you’ll need a Texas divorce lawyer on your side during your case.

Will Adultery Affect Property Division?

Texas courts often take adultery into consideration when dividing assets, especially when it’s clear that the couple would have likely stayed married if one spouse had not cheated. After all, if your spouse had been faithful, you would still be reaping the benefits of community property. This would include the ability to live in the house, share health insurance benefits, and more.

As a result, if you can prove that your spouse cheated on you, you may be entitled to slightly more than half of the community property when the assets are divided up. This is especially true if you can prove that your spouse used community assets to cheat, such as paying for hotel rooms, vacations, dinners, etc. That money is considered half yours, which a judge will take into consideration when dividing assets.

Can Adultery Affect Child Custody?

In most cases, adultery is not supposed to affect child custody since cheating does not typically determine what kind of parent you are. However, if there is reason to believe the infidelity affected the children negatively, a judge might consider this when determining child custody.

For example, if the children witnessed the infidelity or were neglected so that the affair could take place, this could affect child custody. In general, if the cheating spouse’s relationship with the affair partner puts the children at risk in any way, he or she might be given less time with them.

How Can I Prove Infidelity During the Marriage?

The only way infidelity will affect your divorce in Texas is if you can prove that it happened. The judge won’t consider rumors or gut feelings when deciding on your divorce case, so be sure you have strong evidence of the affair.

This means you must be able to show emails, texts, phone records, social media posts, bank statements, photos, or videos to prove adultery. This might require you to hire a private investigator. But first, talk to a Texas divorce lawyer to learn the best way to prove adultery. You can call our law office at (817) 813-8513 to get started today.