Can Infidelity Affect Your Texas Divorce?

 Posted on October 31, 2025 in Divorce

Many marriages end up collapsing due to one partner’s lack of loyalty. Though it may seem like a strictly private issue, cheating can actually affect the divorce proceedings in Texas. If your spouse cheated on you, or you have been accused of infidelity, consider working with a Frisco, TX divorce lawyer to better understand your options.

At Moore Family Law, P.C., we can provide you with strong counsel and representation, drawing on over 15 years of family law experience. No matter how challenging or strained your divorce is, we will guide you through the legal proceedings and push for an ideal result on your behalf.

Cheating Affects "Just and Right" Division

When you and your spouse cannot reach an agreement about how to divide community property in your divorce, the decision will fall to a judge. Texas courts refer to a principle of just and right division to divide these assets (Texas Family Code, Sec. 7.001),  prioritizing fairness over a simple 50/50 split of property.

Texas recognizes several fault-based grounds for divorce, including adultery. If the court recognizes that adultery has occurred, the judge can choose to award the wronged spouse with more property to rectify the situation. Still, this is only one factor in property division, rather than the whole.

What is Adultery Under Texas Law?

By itself, an extramarital affair might not qualify as adultery under state law. The legal definition of adultery refers specifically to sexual intercourse outside of marriage. If the affair did not rise to that level, the wronged spouse may not have grounds to file for a fault-based divorce.

How Can I Prove That My Spouse Committed Adultery in My Divorce?

If you intend to pursue a fault-based divorce, it is important that you build a strong case before entering into litigation. Failing to prepare a strong foundation of evidence ahead of time could result in the judge declining to recognize a fault-based divorce, ultimately resulting in wasted time and money from legal fees.

In Texas, the standard of proof for pursuing a fault-based divorce is "by clear and convincing evidence." An allegation of adultery could be supported by different pieces of evidence, such as:

• Witness testimony: A credible witness with ties to your spouse or the affair partner could shed further insight and support your claim.

• Electronic communications: Text messages or voicemails exchanged between your spouse and his or her affair partner could point to an intimate relationship.

• Purchases and spending: Suspicious receipts and financial statements from your spouse could indicate that he or she was spending money on an affair.

• Physical evidence: Photos or even items belonging to the affair partner found in your home could suggest that adultery occurred.

Even in the absence of direct evidence of an affair, the court may still grant a fault-based divorce if you make a compelling case with circumstantial proof.

Contact a North Texas Family Law Attorney

An argument about infidelity in your divorce can quickly turn into a full-blown legal dispute. At Moore Family Law, P.C., we can provide you with proper representation to look after your best interests. Call our Frisco, TX divorce lawyer at 214-764-8033 to arrange your initial consultation.