Filing for divorce is an emotional process, and when infidelity (adultery) is involved, it can make the situation even more challenging. If you’re considering filing under the grounds of adultery, it’s important to understand how this claim can impact your case and what kind of evidence you’ll need to support it. Gathering solid proof of adultery can not only affect the division of property but may also provide leverage during negotiations. In this blog, we’ll explore what you need to know about proving adultery in Texas and the steps you should take to prepare for your case.
Understanding Adultery in Texas Divorces
Adultery is recognized as one of the fault-based grounds for divorce in Texas. Under the Texas Family Code, adultery is defined as voluntary sexual intercourse with someone other than your spouse. Proving adultery, however, is not always straightforward and requires substantial evidence. While Texas also allows no-fault divorces, citing irreconcilable differences, proving adultery can lead to a more favorable outcome, particularly when it comes to the division of assets.
When working with a Divorce Attorney in McAllen, they can help assess whether pursuing a divorce based on adultery is the right choice for your situation.
What Evidence Do You Need to Prove Adultery?
Suspecting your spouse of cheating isn’t enough; you must provide concrete evidence to the court. Direct evidence, like an eyewitness account, is rare, and most cases rely on circumstantial evidence. Below are some of the most common forms of evidence used to prove adultery:
- Hotel and Travel Records: Documents showing that your spouse spent time alone with someone else, such as hotel reservations.
- Financial Records: Unexplained expenses, such as lavish gifts or suspicious charges for travel and accommodations, can suggest infidelity.
- Phone and Text Logs: Frequent communication with a third party, especially late at night, can serve as indirect proof.
- Emails or Letters: Written correspondence, whether via email, love letters, or social media messages, can demonstrate a romantic relationship outside the marriage.
- Social Media: Photos or posts that indicate a close relationship with someone else could be valuable in court.
It’s crucial to work with a Divorce Attorney in McAllen when gathering this evidence. Collecting information illegally can harm your case, so consulting legal counsel will help ensure you’re following the proper procedures.
Should You Hire a Private Investigator?
If you don’t have direct access to the evidence you need, hiring a private investigator can help. Private investigators are experienced in tracking a spouse’s activities and can provide the proof you need, including photos or videos. While effective, hiring a private investigator can be expensive, so it’s important to weigh the costs versus the potential benefits before making this decision. Consulting with your Divorce Attorney in McAllen can help you determine if this step is necessary for your case.
How Does Adultery Impact Divorce?
Adultery can influence the division of property in Texas. As a community property state, Texas typically divides assets acquired during the marriage 50/50. However, if you can prove that your spouse used marital funds to support an extramarital relationship—such as paying for gifts or trips—the court may grant you a larger share of the property. This is where having solid proof of adultery can be particularly impactful.
When it comes to child custody, adultery rarely plays a significant role. Texas courts prioritize the best interests of the child, and an extramarital affair is usually not considered unless it directly affects the children’s well-being. However, in some cases, the affair could indirectly influence custody decisions if it’s proven to have disrupted the family dynamic.
Alimony, or spousal support, is also not typically granted based solely on adultery. However, there may be exceptions if the affair caused financial hardship or if domestic violence occurred.
Is Filing for Divorce on the Grounds of Adultery Worth It?
Filing for divorce on the grounds of adultery is not always easy. It requires gathering evidence, enduring potentially uncomfortable legal proceedings, and sometimes exposing intimate details of your personal life in court. For some, this process can be emotionally draining. However, if you believe adultery played a significant role in your marriage’s breakdown and feel it will impact the outcome of the divorce—especially in terms of property division—it may be worth pursuing.
Ultimately, the decision to file on these grounds should be made with the guidance of a Divorce Attorney in McAllen who can help you understand both the emotional and financial implications of taking this route.
How Our Divorce Attorney McAllen Can Help
Navigating a divorce, especially when adultery is involved, can be overwhelming. Our skilled Divorce Attorneys in McAllen are here to support you every step of the way. Here’s how we can assist:
- Gathering Evidence: We’ll help you legally obtain the necessary proof of adultery, ensuring your case is strong and compliant with the law.
- Property Division: Our attorneys will fight to protect your rights, helping you secure a fair distribution of assets, especially if marital resources were used during the affair.
- Custody and Support Guidance: We’ll provide expert advice on how adultery may impact child custody, visitation, and alimony decisions.
With our team by your side, you’ll have the confidence and support needed to navigate the complexities of your divorce case.
Consult our Experienced Divorce Attorneys in McAllen
These articles do not replace legal advice. Contact us to get a FREE consultation about your case with our divorce attorney McAllen.