When a spouse cheats, it can place a lot of strain on the marriage. Many people immediately take steps to end their marriages once they find out that their spouse is cheating. Some try to salvage their relationships and stay in the marriage.
Studies show that 40% of divorce cases in the nation have cheating or adultery as a factor. You need to know your rights when you decide to divorce your cheating husband. You can seek divorce using adultery as a ground for divorce.
But that means you will need to prove that your spouse cheated for it to affect your divorce case.
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How To Prove Adultery
Husband Committed Adultery What Are My Rights
Texas law defines adultery as sexual intercourse with a person who is not your spouse. Evidence in this context includes things that prove the existence of an affair, which can be circumstantial evidence. This includes evidence such as:
- Photos and video footage
- Text messages
- Phone records
- Emails
- Bank statements
- Credit card statements
The court does not need direct evidence in the form of photos or videos of sex. A text message where your husband is proclaiming love for another party could be enough circumstantial evidence. As long you are still married, even after filing for divorce, any sex out of marriage is adultery. Having a gut feeling that your husband is cheating is not evidence of cheating.
What Are Your Rights If Your Husband Commits Adultery?
Can Adultery Affect The Courts Decisions On Alimony And Child Custody?
Cheating does not determine the court’s decisions on whether your spouse should pay alimony. It doesn’t influence the court’s decision on who gets custody of your children. The only time Texas law allows alimony is when:
- You are seeking alimony because you have a disability
- Your marriage lasted for at least 10 years and your spouse’s income can support your basic needs
- You have a minor child with a disability that needs constant care
- Your spouse was violent in your marriage
If you meet any of the requirements above, you are entitled to alimony. The court may order larger alimony payments if you are entitled to alimony. Your cheating spouse will not get any alimony from you if there is evidence they had an affair.
As for child custody, the court will ensure that the child’s best interests are protected. The law in Texas expects both parents to continue supporting the child after divorce. That means your cheating spouse will still be expected to pay child support and will still have visitation rights.
The only time adultery affects child custody decisions is when the cheating spouse’s affair affects their parenting ability or puts the child in danger.
What Is Wife Entitled To If Husband Cheats?
You cannot sue your spouse for cheating. There is the option of bringing a claim of intentional infliction of emotional distress (IIED) together with a divorce proceeding. This claim is only valid if you can prove that either your spouse or the third party in the affair behaved extremely and outrageously. However, these kinds of claims rarely succeed because the court can easily assume that the root of the claim is “alienation of affection”.
Texas courts do not recognize “alienation of affection” as a valid claim.