Does Polyamory Lead To Divorce in Austin, TX? 

Polyamory is often confused with polygamy or bigamy. However, all three terms describe different scenarios. In all three situations, the people in a relationship are not monogamous. Let’s look at polyamory and how it can impact a relationship and a divorce in Austin, Texas.

Is Polyamory Illegal in Texas?

It helps to understand the definitions of the various terms to grasp how polyamory can impact a relationship.

Monogamy means that you have one spouse. Many couples are in a monogamous relationship. They consider it cheating if their spouse has a romantic relationship with another person. Some states make it illegal for a spouse to cheat on their spouse. However, Texas is not one of those states.

Texas does not have a specific law making polyamory illegal since the individuals are not purporting to have more than one spouse, and adultery is not illegal in Texas. However, problems may arise if one spouse becomes unhappy with the polyamorous arrangement. They might decide they no longer want an open marriage and seek a divorce if their spouse refuses to remain faithful to them.

What Is Polygamy?

Polygamy is the practice of having multiple spouses at the same time, such as having sister wives. A husband may be legally married to one woman, but he has one or more spiritual wives. Polygamy is illegal in Texas, as it is in all other states.

What Is Bigamy?

Bigamy differs from polygamy in that a person is legally married to more than one person at the same time. A person can be accused of bigamy if they live with another person other than their spouse under the appearance of being married. Bigamy is considered an offense against the family in Texas. It is a felony offense under Texas Penal Code §25.01.

What Is Polyamory?

Polyamory relations differ from bigamy and polygamy. The relationship is an open marriage or consensual non-monogamy (CNM). The couple is married only to each other. However, they agree either spouse can engage in romantic and/or sexual relationships outside of the marriage. In other words, they condone adultery.

Can You Claim Polyamory as a Ground for Divorce in Texas?

Texas has enacted fault and no-fault grounds for divorce. Under Section 6 of the Family Code, a spouse may obtain a divorce on no-fault grounds if the court finds the marriage is insupportable because of conflict or discord between the parties.

However, the Family Code also provides several fault grounds for divorce, including:

• Cruelty
• Adultery
• Conviction of a felony that results in imprisonment for at least one year
• Abandonment for at least one year
• Living apart for at least three years
• Confinement in a mental hospital or other facility

While polyamory is not listed as a ground for divorce, a spouse can claim adultery as a ground for divorce. Therefore, if a spouse decides they no longer want to live in an open marriage and makes this clear to the spouse, they may be able to pursue divorce on the grounds of adultery if their spouse continues to have sexual relationships outside of the marriage.

How Does Adultery Impact a Divorce in Texas?

Adultery itself may not have a significant impact on the divorce proceedings. The impact of adultery depends on the circumstances and facts of the case.

Child Custody

For example, adultery would not impact child custody or visitation by itself. However, suppose the adulterous relationship directly impacts the child or the parent-child relationship. In that case, the judge may consider adultery when deciding what is in the child’s best interest for custody and visitation.

Alimony and Property Division

Alimony or spousal support is not guaranteed in Texas. The court must find a need for spousal maintenance, such as the spouse seeking alimony having primary custody of the couple’s child, who requires substantial care that prevents the spouse from working. A spouse might receive alimony if their earning capacity does not permit them to earn sufficient funds to meet their minimum reasonable needs.

Texas is a community property state. Most assets and income either spouse receives during the marriage are marital assets.

However, Texas law divides community property based on what is fair. Therefore, a judge may not order a 50/50 split of community property. Instead, the judge may decide that giving one spouse a larger portion of the community property is fair.

Judges may consider fault when determining alimony and property division. Therefore, adultery could tip the scales in the favor of the non-offending spouse.

Do I Need an Austin Divorce Lawyer if Adultery Could Be a Factor in My Divorce in Texas?

Adultery allegations often complicate the divorce process. Whether you are the spouse alleging adultery or are the accused spouse, it is wise to seek legal advice as soon as possible. Schedule a confidential consultation with an Austin divorce attorney to discuss your legal rights and options.

Contact the Austin Divorce Lawyers at the Kazen Family Law & Divorce Lawyers To Get Legal Assistance Today

To learn more and get the help you deserve, contact our legal team at the Kazen Family Law & Divorce Lawyers and schedule your consultation today if you need help with a divorce, child custody case, property division, or any other family law matter.