Texas Law on Marital Misconduct: Does It Affect Divorce Outcomes?

Understanding Marital Misconduct in Texas Divorce Proceedings

In the State of Texas, divorce can be a complex and emotionally charged process. One factor that can add to the intricacies of these proceedings is the concept of marital misconduct. Marital misconduct refers to behavior by one spouse that can be considered harmful to the marriage, such as adultery, cruelty, or abandonment. The Texas Family Code recognizes these behaviors as potential grounds for divorce and they can have a significant impact on various aspects of the divorce settlement.

Marital Misconduct as Grounds for Divorce

Under Texas law, a spouse can file for divorce based on fault or no-fault grounds. No-fault divorce typically involves citing 'insupportability' which means that the marriage has become insupportable due to discord or conflict of personalities. However, if one spouse chooses to file for divorce on fault-based grounds, they must prove that the other spouse's misconduct led to the breakdown of the marriage. Examples of fault-based grounds include adultery, cruelty, felony conviction, abandonment for at least one year, living apart for at least three years, or confinement in a mental hospital.

Impact on Divorce Settlements

When marital misconduct is proven in court, it can affect various aspects of the divorce settlement. For instance, it may influence how the court divides marital property. In Texas, property is typically divided on a basis that is 'just and right.' While this does not necessarily mean a 50/50 split, evidence of misconduct can sway the court to award a larger portion of the estate to the innocent spouse.

Alimony or spousal maintenance is another area where misconduct may play a role. Although Texas has relatively stringent requirements for awarding spousal maintenance, marital misconduct can be a contributing factor for the court's decision to award alimony, particularly if the misconduct has financial implications or affects the earning capacity of one spouse.

Child custody arrangements may also be influenced by proof of marital misconduct. The best interest of the child is always paramount in custody decisions. If one parent's behavior could negatively impact their child's physical or emotional well-being, such as cases involving substance abuse or domestic violence, this could lead to limitations on custody and visitation rights.

Examples from Texas Case Law

Case law from Texas courts offers insight into how judges might approach instances of marital misconduct. For example, in Roosth v. Roosth, substantial evidence of cruelty provided grounds for divorce and affected property division in favor of the victimized spouse. Additionally, in cases like Tedder v. Tedder and Francis v. Francis, evidence of adultery played a crucial role in awarding spousal maintenance.


Marital misconduct is taken seriously by Texas courts and can significantly affect divorce outcomes. Spouses considering using misconduct as grounds for divorce should gather comprehensive evidence to support their claims and anticipate how this might influence property division, alimony, and child custody arrangements. It's essential to consult with a knowledgeable family law attorney who can guide individuals through this complex legal landscape.