Like most states, Texas provides for no-fault divorce on the ground of incompatibility and/or irreconcilable differences. However, Texas divorce law also provides for fault-based grounds:
- Mental cruelty
- Imprisonment or conviction of a felony
- Living separate and apart
- Insanity and confinement to a state mental hospital
While infidelity (adultery) is not a crime for which an individual can be imprisoned, it is a cause and basis for divorce in Texas. Infidelity often has devastating effects upon the innocent spouse and can inspire a need to inflict pain and revenge upon the offending spouse in a divorce proceeding. However, each judge in a divorce case does not attach the same significance that infidelity has upon the outcome of a divorce. One judge may see infidelity as a natural consequence of an unhappy couple, another judge may consider it a sign of moral turpitude, and another judge may consider it as one aspect of the facts of the case and weigh its impact relative to other factors.
If your divorce involves contentious child custody issues and adultery is a factor, the offending spouse is at risk. The risk increases if the cheating spouse has made the non-marital partner part of his or her children's lives, especially if the children are aware that a sexual relationship exists between the parties. Such action could result in denied or limited child custody and/or visitation. Your best course of action in such a circumstance is to wait until your divorce is final before introducing the non-marital partner into your children's lives.
Contact our experienced Texas family law lawyers
Divorce is never easy and often involves difficult issues and requires the skill of an experienced Texas divorce lawyer. Attorney John J. Pfister Jr. is a certified family law specialist by the Texas Board of Legal Specialization. Contact Pfister, Borserine & Associates online or call
972-712-6700 to schedule a consultation.