Texas Attorney General Ken Paxton's divorce proceedings have become a central issue in his U.S. Senate runoff campaign against John Cornyn, scheduled for May 26, 2025. After a court order unsealed nearly 300 pages of divorce records, the case has drawn national attention to how Texas handles fault-based divorce filings, including adultery grounds under Tex. Fam. Code § 6.003.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Angela Paxton filed for divorce from Texas AG Ken Paxton, citing adultery as grounds |
| When | Divorce filing in 2024; records unsealed in 2025 ahead of Senate runoff |
| Key date | May 26, 2025 — Texas Senate runoff election |
| Jurisdiction | Texas (Collin County) |
| Key statute | Tex. Fam. Code § 6.003 (adultery as fault ground) |
| Current status | Case remains in mediation with no final decree entered |
| Political impact | Cornyn campaign incorporated divorce details into attack advertising |
Texas Is One of Few States That Still Allows Fault-Based Divorce Grounds
Texas family courts recognize both no-fault and fault-based grounds for dissolving a marriage. Under Tex. Fam. Code § 6.001, either spouse can file on no-fault grounds of insupportability, which simply means the marriage has become insupportable due to conflict with no reasonable expectation of reconciliation. Most Texas divorces — roughly 95% according to Texas Office of Court Administration data — proceed on this no-fault basis.
However, Texas remains one of approximately 30 states that also permit fault-based grounds. Tex. Fam. Code § 6.003 specifically lists adultery as a recognized ground for divorce. Other fault grounds under Texas law include cruelty (Tex. Fam. Code § 6.002), conviction of a felony (Tex. Fam. Code § 6.004), abandonment (Tex. Fam. Code § 6.005), living apart for at least three years (Tex. Fam. Code § 6.006), and confinement in a mental hospital (Tex. Fam. Code § 6.007).
The Paxton divorce has brought renewed public attention to fault-based filings, but the legal framework itself is well-established Texas law that has been on the books for decades.
Why Fault Grounds Matter for Property Division in Texas
Filing on fault grounds in Texas is not merely symbolic. Texas courts can consider fault in the breakup of a marriage when dividing the community estate. Under Tex. Fam. Code § 7.001, the court shall order a division of the estate in a manner that the court deems just and right, having due regard for the rights of each party. Texas courts have consistently held that a finding of fault — including adultery — can justify a disproportionate division of community property in favor of the innocent spouse.
The Texas Supreme Court established in Murff v. Murff (1980) that fault in the breakup of the marriage is one of several factors courts consider when dividing property. Other factors include the disparity in earning capacity, the size of separate estates, and the needs of children. A proven adultery claim does not guarantee a 60/40 or 70/30 split, but it gives the court discretion to deviate from an equal division.
Texas is a community property state, meaning assets acquired during marriage are generally presumed to belong to both spouses equally. The community estate can include retirement accounts, real property, investment portfolios, and other assets accumulated during the marriage. When the community estate is substantial — as it often is in high-profile cases — the difference between a 50/50 split and a 55/45 or 60/40 split can represent hundreds of thousands of dollars or more.
Unsealing Divorce Records: What Texas Law Allows
The unsealing of nearly 300 pages of Paxton divorce records raises an important procedural question that affects all Texas divorce litigants. Texas courts generally presume that court records are open to the public under the Texas Public Information Act and the Texas Rules of Civil Procedure. However, parties in a divorce can request that certain records be sealed, particularly when they contain sensitive financial information, details about minor children, or other private matters.
Under Texas Rule of Civil Procedure 76a, a court may seal records only after finding a specific, serious, and substantial interest that clearly outweighs the presumption of openness. The rule requires that no less restrictive means than sealing will adequately protect that interest. When a party or the public challenges a sealing order, the court must evaluate whether the grounds for sealing still exist.
The fact that these records were unsealed by court order — rather than leaked — reflects the strong presumption of public access that Texas law maintains for court filings. For any Texan going through a divorce, this is an important reminder: documents filed with the court may eventually become public, even if temporarily sealed.
Mediation in Texas Divorce Cases
Reports indicate the Paxton divorce remains in mediation with no final decree. Texas courts routinely order mediation in contested divorce cases under Tex. Fam. Code § 6.602, which authorizes the court to refer a suit for dissolution of a marriage to mediation. In many Texas counties, mediation is mandatory before a contested divorce can proceed to trial.
Mediation settlement rates in Texas family law cases hover around 70-80%, according to data from the Texas Association of Mediators. A mediated settlement agreement, once signed by both parties, is binding under Tex. Fam. Code § 153.0071 and Tex. Fam. Code § 6.602. If mediation fails, the case proceeds to trial, where a judge (not a jury, in most family law matters) will decide property division, spousal maintenance, and any child-related issues.
Practical Takeaways for Texas Residents Considering Divorce
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Understand your filing options before choosing grounds. Texas allows no-fault divorce under Tex. Fam. Code § 6.001 as well as six fault-based grounds. Filing on fault grounds can affect property division, but proving fault requires evidence and adds complexity to the case.
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Know that court records are presumptively public in Texas. Rule 76a creates a strong presumption of openness. If privacy is a concern, discuss protective orders and sealing options with your attorney early in the process, but understand that sealed records can later be unsealed.
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Prepare for mediation seriously. With 70-80% of Texas family cases settling in mediation, this is likely where your case will be resolved. Come prepared with complete financial disclosures, a clear understanding of the community estate, and realistic expectations.
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Consider the timeline. Texas has a mandatory 60-day waiting period after filing before a divorce can be finalized under Tex. Fam. Code § 6.702. Contested cases with fault allegations, substantial assets, or custody disputes routinely take 6-18 months to resolve.
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Separate the legal process from outside pressures. High-profile divorces can attract media and political attention, but the legal standards remain the same whether you are a public figure or a private citizen. Texas family courts apply Tex. Fam. Code § 7.001 property division standards uniformly.
Frequently Asked Questions
Is adultery still a legal ground for divorce in Texas?
Yes. Tex. Fam. Code § 6.003 expressly lists adultery as a fault-based ground for divorce in Texas. The filing spouse must prove the adultery occurred, but Texas courts do not require direct evidence — circumstantial evidence showing opportunity and inclination can be sufficient. Approximately 5% of Texas divorces are filed on fault grounds.
Does adultery affect property division in a Texas divorce?
Texas courts can award a disproportionate share of the community estate to the spouse who did not commit adultery. Under Tex. Fam. Code § 7.001, judges have discretion to divide property in a manner that is just and right, and proven fault is one recognized factor. The adjustment typically ranges from 55/45 to 60/40, though larger disparities are possible in extreme circumstances.
Can divorce records be sealed in Texas?
Texas courts can seal divorce records, but the standard is high. Under Texas Rule of Civil Procedure 76a, sealing requires proof of a specific, serious, and substantial interest that outweighs the presumption of public access. Sealed records can later be unsealed if a court determines the grounds for sealing no longer apply, as demonstrated in the Paxton case.
How long does a contested divorce take in Texas?
Texas requires a minimum 60-day waiting period after filing under Tex. Fam. Code § 6.702. Contested divorces involving fault allegations or significant assets typically take 6-18 months from filing to final decree. Cases that proceed to trial rather than settling in mediation tend to fall at the longer end of that range.
Does Texas require mediation before a divorce trial?
Many Texas courts mandate mediation in contested divorce cases under Tex. Fam. Code § 6.602. Mediation resolves approximately 70-80% of Texas family law disputes. If both parties sign a mediated settlement agreement, it becomes binding and is incorporated into the final divorce decree.
This article discusses recent news reported by the Texas Tribune, NOTUS, and NBC News, and provides general legal commentary on Texas divorce law. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.