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How Does Adultery Affect a Divorce Case?

Adultery can be extremely hurtful and damaging to families and to the person whose spouse has cheated, but the ways it is used in a divorce proceeding are complicated.

Texas is a no-fault divorce state, meaning no specific reason other than a conflict of personalities needs to be cited for the court to grant a divorce. However, adultery may still be used as fault-based grounds for a Texas divorce:

  • Depending on the circumstances, the court may consider adultery when deciding on an equitable division of property.
  • The court may also consider whether one spouse used joint finances or purchased expensive gifts outside the marriage in the course of carrying on an affair.
  • In some cases, adultery may affect child custody. If an affair has adversely affected a child, or if the child has been exposed to the affair in some way, the court may question the suitability or judgment of the parent who has committed adultery.

It is important to keep in mind that adultery can be hard to prove, and thus should not be the basis of a divorce case without careful consideration of the evidence and potential consequences of this action.

Each case is unique and requires a considered approach from an experienced attorney. If you have questions about how adultery may affect your divorce, contact a divorce lawyer to discuss your options.

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Robert Reid McInvale
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Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Houston. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

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