The Impact of Infidelity: Divorce Proceedings in the Lonestar State


When it comes to the dissolution of a marriage, infidelity is a complex and emotionally charged issue. For couples in Texas, the impact of infidelity on divorce proceedings can be significant. It's essential to understand how this aspect of a relationship can affect property division, alimony, and the overall divorce process. Here, we explore the implications of infidelity in Texas divorce cases and provide guidance on how to navigate the legal and emotional aspects. 

Infidelity and Property Division in Texas

In Texas, divorce follows the principles of "community property," which means that marital assets and debts are generally divided equally between the spouses, if they were acquired during the marriage. However, when infidelity is involved, property division can become more complicated. While infidelity itself may not directly impact the division of assets, the emotional strain and discord it causes can lead to a more contentious divorce process.

If infidelity has led to significant financial expenditures, such as gifts, vacations, or support for the extramarital partner, these expenditures could be considered community property, potentially affecting the division of assets. It's essential to gather evidence of these financial transactions if they exist, as they may influence the court's decision.

Alimony and Infidelity in Texas Divorce

Alimony, also known as spousal support, is awarded in some Texas divorces. The impact of infidelity on alimony varies depending on the circumstances. If the unfaithful spouse's actions have significantly impacted the marital estate, it might affect alimony awards. For instance, if the infidelity led to financial instability for the other spouse, the court may consider this when determining alimony.

However, it's crucial to note that Texas law does not explicitly address infidelity as a factor in awarding alimony. Instead, the court primarily considers factors like the spouses' financial situations, education, employment, and the length of the marriage. Therefore, while infidelity can indirectly influence alimony, it's not a guaranteed outcome.

Gathering Evidence of Infidelity

If infidelity is a concern in your Texas divorce, it's essential to gather evidence to support your claims. This evidence might include text messages, emails, or photographs that demonstrate the extramarital affair. Keep in mind that Texas is a "no-fault" divorce state, which means that you don't have to prove fault or wrongdoing to get a divorce. However, evidence of infidelity may still be useful in negotiations and settlement discussions, especially when it impacts property division and alimony.

Navigating the Emotional Aspects of Infidelity

The emotional toll of infidelity on divorce proceedings cannot be underestimated. It's essential to work with experienced attorneys and counselors who can guide you through this difficult process. Emotions can run high, and it's crucial to maintain focus on the legal aspects of the divorce while managing the personal turmoil that often accompanies infidelity.


While infidelity can complicate divorce proceedings in Texas, the specifics of its impact may vary by county and individual circumstances. The emotional aspects of infidelity can be challenging, and it's important to seek professional guidance to navigate this difficult terrain.

If you are considering a divorce in Texas and infidelity is a concern, we encourage you to consult with our experienced family law attorney’s at Coldwell Bowes, who can provide tailored advice based on your unique situation. Understanding the legal implications and emotional complexities of infidelity can help you make informed decisions as you navigate the divorce process in the Lonestar State.

Disclaimer: Please note that divorce laws and proceedings can vary by county in Texas. The information provided here is intended as a general overview of how infidelity can impact divorce proceedings in Texas.

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