Family-Oriented Legal Solutions Throughout South Texas

Is adultery considered a reason to grant divorce in Texas?

On Behalf of | Nov 2, 2022 | Divorce

When unpleasant behavior comes to light, it can easily turn an otherwise pleasant marriage sour. Adultery is a prime example of such misconduct, but you might wonder if the court will see it as a reason to grant you a divorce.

Adultery and infidelity are practically synonymous acts that can break a faithful spouse’s heart. If your spouse tries to downplay your desire for divorce, gaining a better understanding of divorce procedures can help you justify your feelings.

Do you need sufficient grounds to petition for divorce?

An uncontested divorce that both spouses find to be mutually agreeable does not require any additional justification or explanation. If your spouse contests the divorce, however, you may have to prove that you have sufficient grounds for petitioning for a split. This is usually an incident or behavior that causes your marriage to be irretrievably broken.

Is adultery sufficient grounds for a divorce?

Adultery is not illegal in Texas, but the court may see it as an act of marital misconduct that can validate your desire for a divorce. The extent of one party’s misconduct can also factor into other matters throughout divorce proceedings, such as the division of marital property. Keep in mind that finalizing your contested divorce might entail attending court-mandated mediation in order to reach a settlement.

Though circumstances differ on a case-by-case basis, adultery can be sufficient reason for a judge to grant you a divorce even if your spouse contests it. You can strengthen your case with irrefutable evidence of marital misconduct and strong legal advocation.