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Does An Affair Really Impact The Terms of a TX Divorce?

Cheating, adultery, infidelity, or an affair, regardless of what it’s called, has permanently damaged countless marriages worldwide. In general, marriages that involve extramarital affairs often end in divorce. If you are considering divorce, you’re probably wondering if an affair would impact the terms of your divorce. Spoiler alert – yes, it will.

How An Affair Can Affect Property Division

Texas divorce courts only consider extramarital affairs when dividing the couple’s property if it would result in an award that is “just and right.” So, if it’s just and right that the court awards a cheating spouse a smaller portion of the marital property, it will do so. For instance, judges will often consider any money that the cheating spouse spent on their lover, like for gifts, vacations, etc., when making decisions on property division.

How An Affair Can Impact Child Custody and Visitation

Keep in mind that judges will always focus on the children’s best interests, which means that they will always assess each parent’s ability to properly care for their children and their relationships with the kids. However, although an affair will not impact the child support amount either parent must pay, it can impact the child custody orders if the children were, in any way, negatively affected by the affair.

In this light, judges may consider if the love was introduced to the children or brought into their lives in some way. For example, if the cheating parent lets their lover visit or sleep over in the marital home when the other parent is away. Or if the lover is someone the children know, such as a neighbor, a parent of their classmate, or their teacher.

An Affair May Also Lead to a More Time-Consuming and Expensive Divorce

In most cases, the unfaithful spouse will need to wait for the spouse that was cheated on to stop grieving and begin healing from the betrayal before they start talking about divorce. Put simply, the grieving process could take a long time. It could also be that the faithful spouse becomes so angry with the unfaithful spouse that they filed for divorce on the grounds of adultery.

If this is the case, the couple can expect a drawn-out (consequently, more expensive), contentious, emotionally charged, and heated divorce. It is likewise vital to note that divorce courts usually grant a divorce in favor of the spouse that was cheated on if it can be proven that the unfaithful spouse really committed adultery.

If you strongly believe (or have evidence) that your spouse is having an affair or you have been caught cheating on your spouse and are thinking of filing for divorce, you can reach out to the law office of Kyle Whitaker for legal guidance. Our seasoned Fort Worth divorce attorney can help you better understand how an affair could impact your case and the best options for your specific circumstances. To arrange your appointment with our Fort Worth divorce attorney, call 817-332-7703 or send us an online message.