Judges differ concerning their attitudes about adultery but it is usually not a factor that will have much effect on the division of property. However, adultery may be more important to the judge in formulating orders related to the children.
Adultery is still a “fault” basis for divorce in Texas, but a claim of that sort no longer carries the impact it once did. Family law judges have been exposed to tales involving the most bizarre varieties of misbehavior and, to some degree, are beyond the point of being shocked by violations of marital vows.
On the other hand, adultery may be important if the circumstances related to the transgression are significant. For example, the expenditure of marital funds for the purpose of pursuing the adulterous affair will catch the court’s attention. Likewise, flaunting the affair in front of the children will draw the ire of the judge. Under such circumstances, the “damage” from the adulterous conduct may result in action by the court, whereas similar misconduct without consequential “damage” may be of little concern to the judge.