EPISODE · Aug 24, 2026 · 23 MIN
Open Marriage & Divorce in Texas: What to Know
from Law Office of Bryan Fagan PLLC Podcast · host Law Office of Bryan Fagan PLLC
This episode explores how Texas law treats open marriages and consensual non-monogamy when a divorce is filed, using the story of a couple who agreed to an open relationship only to find that crossed boundaries led to a complex legal dispute, then covering the legal definition of adultery under Texas Family Code and why courts can grant a divorce based on adultery regardless of any prior agreement between spouses, addressing whether mutual consent to an open marriage functions as a legal defense, examining how community assets spent on outside relationships — including hotels, travel, gifts, and dining — can be treated as wasted marital funds subject to reimbursement, explaining the best interest factors Texas courts weigh in custody decisions such as child safety, stability, and parenting capacity, emphasizing why clear and convincing evidence is required to prove adultery or asset waste, and closing with how an experienced attorney can analyze claims, preserve evidence, and protect a spouse's rights throughout the process; this video is for general informational purposes and does not constitute legal advice, and laws discussed apply to the State of Texas.
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Open Marriage & Divorce in Texas: What to Know
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