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In a word, no, you do need to prove adultery to get divorced in Texas. The Lonestar State, like many states, has no-fault divorces laws. Texas does still also have at-fault divorces as an option. If adultery is to blame in your divorce, you do have the choice of using adultery as the legal reason for the split, but, even in that case, the vast majority of divorce cases settle without going to court. The best thing to do is discuss what type of divorce case you should file with your family law attorney.

No-Fault Grounds for Divorce in Texas

 

  1. Insupportability (irreconcilable differences) – This is one of three no-fault grounds for divorce in Texas. The couple must simply make a statement to the court that the marriage is irretrievably broken due to no longer seeing eye-to-eye. Neither spouse is to blame over the other.
  2. Hospitalization in a Mental Facility – The final no-fault grounds for divorce is when one spouse becomes confined to a mental hospital. Seeing that 75% of mental illness does not become apparent until the age of 24, it is definitely possible to marry a sane person in their early 20s who later developed Schizophrenia or Obsessive-Compulsive Disorder. Since this can sadly happen to anyone, no one is to blame when the marriage erodes.
  3. Living Separately for Three Years – This is the second no-fault grounds for divorce. A couple needs to merely have maintained separate residences for three years by the close of their divorce case.

At-Fault Grounds for Divorce in Texas

 

  1. Adultery – This is another at-fault ground for divorce. Often adultery has been admitted by the guilty party, but, if not, a variety of fairly circumstantial evidence will suffice (you don’t need DNA or a video). If you chose this route, remember you need to remain celibate yourself until the divorce is finalized, or else you too could be guilty of adultery.
  2. Abandonment – If your spouse chose to leave one day and stayed gone for one continuous year, you could file an at-fault divorce based on abandonment.
  3. Cruelty – This is one of four at-fault grounds for divorce in Texas. “Cruelty” is defined very ambiguously by Texas, but it generally refers to any type of abusive atmosphere created by the “cruel” spouse.
  4. Felony Conviction with One Year Jail Time – While not too hard to prove, a felony conviction by your spouse is another at-fault grounds for divorce in Texas. Your spouse must be incarcerated for at least 12 months for this to be applicable.

No-Fault vs. At-Fault Divorce in Texas

To qualify for a faster, easier no-fault (or uncontested) divorce in Texas, both you and your spouse must agree to the divorce, and you must agree that neither spouse carries the blame. With uncontested divorces, the couple mutually agrees to every aspect of settling their case, from child support and custody to division of property. If the couple can not come to an agreement on all of the required points, they may need to switch from a no-fault to an at-fault divorce. A couple must file for at-fault divorce if one spouse does not want to get divorced or if they can not agree to all the divorce terms amicably.

Adultery in Texas

Committing adultery in Texas can impact the amount of alimony you pay or receive as well as how a judge decides to divide the marital assets. As you might imagine, committing adultery will not have a favorable effect on these decisions. To prove adultery, you can share with the court whatever tipped you off as to the affair, such as:

  1. Text messages
  2. Phone records
  3. Credit card statements 
  4. Emails
  5. Receipts
  6. Bank records
  7. Social media activity
  8. Photos or videos 

Experienced, Caring Sugar Land Family Law Attorney

If your husband cheated on you, Jamie Jordan, PLLC, would be happy to fight in your corner to ensure the ideal outcome for your children and a fair resolution based on the law. Contact our offices today to get started.