Infidelity and Divorce in Texas: Myths vs. Reality

Divorce is already a challenging process, but when infidelity is involved, emotions can run even higher. Many people believe that cheating will automatically tip the scales in their favor, whether it’s securing more assets, gaining sole custody of the kids, or receiving higher spousal maintenance. However, the reality in Texas courts often tells a different story. Let’s debunk some common myths about how infidelity affects divorce outcomes.

Myth 1: Infidelity Guarantees You Everything in the Divorce

One of the most persistent myths is that if your spouse cheated, you’ll walk away with everything in the divorce. While infidelity is one of the fault-based grounds for divorce in Texas, its impact on asset division is typically minor.Texas courts follow a “just and right” division of community property, which usually means an equal split. In rare cases, infidelity might slightly shift the balance, but it usually amounts to only a few percentage points.For example, if you have significant assets, even a small shift could make a difference. However, for most people, this change is negligible. It’s crucial to have realistic expectations and focus on building a fair and equitable settlement rather than relying on infidelity to tip the scales.

Myth 2: Cheating Means Your Ex Will Lose Custody

Another common misconception is that a cheating spouse will automatically lose custody of the children. While infidelity may influence some aspects of the divorce, it rarely impacts custody unless the behavior directly endangers the child’s well-being.For instance, if a spouse was cheating in highly inappropriate situations, such as in front of the children or involving them in inappropriate circumstances, the court might consider this when determining custody arrangements. However, these instances are rare.The primary factor in custody decisions is the child’s best interest. Texas courts focus on each parent’s ability to provide a stable and nurturing environment, rather than using marital issues like infidelity as a determining factor.

Myth 3: Courts Will Restrict Your New Partner From Seeing the Kids

While infidelity may not significantly affect custody, introducing a new partner too soon can complicate matters. During the divorce process, Texas courts may impose temporary restrictions that prevent your new love interest from being around your children.This is not a punishment for infidelity but rather a way to ensure the children’s emotional well-being during a transitional time. Divorce is already a significant adjustment for children, and introducing a new partner too quickly can create additional stress or confusion.Once the divorce is finalized, these restrictions usually no longer apply. However, failing to adhere to court-ordered restrictions during the divorce can harm your case, so it’s essential to follow the guidelines set by the court.

Myth 4: Cheating Guarantees You More Alimony

Many people believe that infidelity will result in higher alimony payments, but this is another misconception. Texas has strict laws regarding spousal maintenance, and infidelity alone rarely influences the amount awarded.Spousal maintenance in Texas is granted only under specific conditions, such as when one spouse lacks the means to support themselves or has been married for at least 10 years. Even in extreme cases of infidelity, alimony amounts remain capped, and the rules governing spousal maintenance do not change.For example, if a spouse cheated in a particularly egregious way, such as flaunting the affair or engaging in reckless behavior, a judge might be less sympathetic to their financial needs. However, this would not drastically increase the spousal maintenance award.

How Infidelity Might Affect Divorce Outcomes

While infidelity won’t drastically change financial or custody outcomes, there are exceptions. In highly extreme cases, such as when infidelity is accompanied by cruelty, abuse, or reckless behavior, the court may award a slightly larger share of assets or impose stricter custody arrangements. However, these cases are the exception, not the rule.It’s also important to note that if a cheating spouse spends significant marital funds on the affair, such as buying expensive gifts or taking lavish trips, the court may consider this “waste” of community property. In such cases, the innocent spouse could be entitled to a larger share of the remaining marital estate.

Why Myths About Infidelity Persist

The myths surrounding infidelity and divorce persist because people often misunderstand the purpose of family court. The court’s primary goal is to ensure fairness and protect the best interests of any children involved. Divorce law is not designed to punish one spouse for personal failings like infidelity but rather to resolve disputes and divide assets equitably.

How to Navigate a Divorce Involving Infidelity

If infidelity plays a role in your divorce, it’s important to have realistic expectations about its impact. Here are a few tips to navigate the process:

• Focus on What You Can Control: Infidelity may not drastically change your settlement, so focus on presenting a strong case for asset division or custody.

• Document Any Financial Misconduct: If your spouse spent marital funds on their affair, provide evidence to the court to seek reimbursement through the property division process.

• Follow Court Orders: If the court imposes restrictions regarding your children and new relationships, adhere to them strictly to avoid damaging your case.

• Communicate Clearly: The emotions surrounding infidelity can be intense, but maintaining clear, calm communication with your attorney and spouse can help prevent unnecessary conflict.

• Protect Your Mental Well-being: A divorce involving infidelity can be emotionally exhausting. Seek support from friends, family, or a professional therapist to help you process the situation and move forward with confidence.

Working with an experienced family law attorney can help you understand your rights, protect your assets, and negotiate custody arrangements that prioritize your child’s well-being.

Why Legal Guidance Matters

Divorce cases involving infidelity can be emotionally charged and legally complex. At Hembree Bell Law, we provide compassionate and strategic guidance to help you move forward.