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Legal Steps to Take When Your Spouse is Cheating

Entering into a relationship is never an easy path to take because although there is joy from giving yourself the chance to love and be loved by another, it also exposes you to the point of vulnerability. And a broken heart, no matter what cause, is always a painful experience to endure and remember. The intensity of the heartbreak is much worse when it is experienced within the bounds of marriage, especially now that before being committed to one another, both of you exchanged promises that are meant to last for a lifetime. 

But, even in these tough times, you have to remain strong for yourself and your family. 

Cheating Tears Marriages Apart

One of the common causes of the severance of marriage bonds is cheating.  While a number of marriages are forgiving enough to allow the other spouse to get a second chance, or many chances in some marriages, there are proper steps to take to avoid further damage that may arise between you and the guilty spouse.   

File for Divorce

Does the cheating amount to adultery?

In Texas laws, the court allows fault divorces, such as when the other spouse committed cruelty, adultery, conviction of a felony, separation for a specific period, or confinement to a mental hospital. If the cheating committed by your spouse amounts to adultery, then you may file for a divorce case. You may choose to hire a lawyer to settle the case for you, or you may choose not to and represent yourself. 

What if the cheating does not amount to adultery?  

If the cheating does not amount to adultery, you may still file for a divorce since the state of Texas allows no-fault divorces. It means that you may file for a divorce even without fault on your part or the other spouse’s, as long as you believe that the marriage is no longer fixable. In your case, since the cheating has a certain kind of gravity that severs the marriage to a great extent, you may opt to file for this kind of divorce.

Effects of Divorce

Generally, the divorce ends your marriage, it divides your property and debts, and if requested, your names may change to the way they were before the marriage happened. 

Petition for Child Custody

The state and the law always put the best interest of the children a priority, and gives emphasis to their safety and protection in cases where issues between the parents arise. If you choose to file for divorce, the custody and support of the children may come into play if not yet otherwise decided by a final court order, and the Judge will have to decide based on what is best for the children, taking into consideration what the children may need as well as the capability of each parent to provide for his/her children. 

Division of Property in Divorce

The division of your property depends on whether you have separate or community property. If the real property is separate, the court cannot award it to the other spouse. Otherwise, it needs to be divided during divorce. 

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at

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