Do you have to prove infidelity in order to divorce due to an affair?
There are many reasons that couples get divorced. Your marriage may end because you can’t see eye to eye on certain fundamental issues. Or maybe you’re seeking a divorce because you and your partner want different things out of life. Another common reason for divorce is infidelity. In that case, you might be wondering if you have to prove that your spouse was unfaithful in order to divorce them. Let’s take a look.
Do you have to prove infidelity in order to divorce due to an affair?
The short answer is no, you do not need to have evidence of infidelity in order to get divorced in Texas. However, the spouse who discovers that their partner is cheating often wants justice, and that’s where proof comes into play.
To simply divorce, you do not need anything other than the desire to divorce. Texas, like most states, offers no-fault proceedings which allows you to pursue a divorce without proving anything about your marital circumstances.
If you would prefer to pursue a fault-based divorce due to infidelity, then yes, you will typically need evidence that your spouse was unfaithful that will hold up in court.
Why a fault-based divorce may be right for you
There are a number of reasons you might choose to pursue a fault-based divorce. An existing prenuptial agreement may be one of those reasons.
Additionally, in Texas, a judge may use marital misconduct to inform how they divide property. The judge may also consider the money your partner spent on their affair to help determine how property and debt is divided in your Texas divorce.
Why you might choose a no-fault proceeding
While it might be tempting to hold your spouse accountable for their actions, you may also want to consider a no-fault proceeding to end your marriage. Fault-based proceedings can be lengthy, emotional and expensive. And in certain cases, proving fault is certainly worthwhile. But if you would prefer not to discuss the intimate details of your marriage in open court or you do not have substantial evidence of their infidelity, you may want to pursue a no-fault divorce.
If you know or suspect your spouse has been unfaithful, we can help! We are Proffitt & Associates, and we are specialists in family law in Houston and the greater Houston area. We are committed to doing what's right for our clients, every step of the way. Let our family help your family. Request a free one-hour consultation today.