Texas Republican Rep. Tony Gonzales submitted his House resignation on April 14, 2026, effective 11:59 p.m. ET, after admitting a sexual relationship with former Uvalde staffer Regina Santos-Aviles, who died September 14, 2025 from self-immolation injuries. Gonzales publicly reconciled with his wife Angel in March 2026. The case spotlights Texas Family Code § 6.003, which still recognizes adultery as a fault ground for divorce in 2026.
Key Facts
| Detail | Information |
|---|---|
| What happened | Rep. Tony Gonzales (TX-23) resigned from Congress after admitting an affair with a former staffer |
| When | Resignation submitted April 14, 2026, effective 11:59 p.m. ET |
| Where | Texas 23rd Congressional District (Uvalde, San Antonio, El Paso border region) |
| Who's affected | Gonzales, wife Angel (campaign treasurer), six children, and Regina Santos-Aviles's family |
| Key Texas statute | Tex. Fam. Code § 6.003 — adultery as fault ground for divorce |
| Practical impact | Highlights how reconciliation, fault grounds, and community property interact under Texas law |
The resignation was reported by the Texas Tribune on April 13, 2026, roughly one hour after California Rep. Eric Swalwell announced his own resignation. Gonzales stated publicly that he and Angel, the mother of his six children and treasurer of his campaign, reconciled after the affair became public in March 2026.
Why This Matters Legally
Texas is one of 15 states that still recognizes adultery as a fault ground for divorce, and this case demonstrates how that rule intersects with reconciliation. Under Tex. Fam. Code § 6.003, a court may grant divorce in favor of one spouse if the other has committed adultery. That matters in 2026 because adultery findings can influence the "just and right" division of community property under Tex. Fam. Code § 7.001.
Reconciliation does not automatically erase the legal consequences of adultery under Texas law. However, Tex. Fam. Code § 6.008 provides an affirmative defense of condonation — meaning if the innocent spouse forgave the conduct and resumed marital relations, that forgiveness can bar a later fault-based divorce on those same acts. The operative question in any Texas case is whether the reconciliation was genuine, documented, and continuous. Texas courts have applied condonation since the 1970s, requiring proof of both forgiveness and reasonable expectation of continued marital conduct.
A reconciliation also raises community property issues. Under Tex. Fam. Code § 3.002, property acquired during marriage is community property regardless of marital difficulties. Income, campaign reimbursements, and retirement contributions earned during the 2025-2026 period would presumptively belong to the community unless traced to separate property under Tex. Fam. Code § 3.001.
How Texas Law Handles This
Texas offers seven grounds for divorce under Chapter 6 of the Family Code: insupportability (no-fault), cruelty, adultery, felony conviction, abandonment, living apart three years, and confinement in a mental hospital. Under Tex. Fam. Code § 6.001, spouses can file a no-fault divorce based on insupportability — discord or conflict that destroys the marriage with no reasonable expectation of reconciliation. Most Texas divorces proceed under this no-fault ground even when fault exists.
When adultery is pleaded and proved under Tex. Fam. Code § 6.003, the court retains discretion under Tex. Fam. Code § 7.001 to award a disproportionate share of the community estate to the innocent spouse. Texas appellate courts have affirmed disproportionate divisions of 55/45, 60/40, and in egregious cases 70/30 based on fault findings. The 60-day waiting period under Tex. Fam. Code § 6.702 still applies, meaning no Texas divorce can be finalized fewer than 60 days after filing except in cases involving family violence.
Reconciliation attempts are specifically encouraged by Tex. Fam. Code § 6.505, which permits courts to order counseling and continue a case for up to 60 days if there is a reasonable expectation of reconciliation. Filings can be voluntarily dismissed under Tex. R. Civ. P. 162 before the other party files a counterclaim, though any nonsuit does not extinguish claims that have already accrued.
For couples with six children, Tex. Fam. Code § 153.002 makes the best interest of the child the primary consideration in any custody arrangement. The Texas guideline support percentages under Tex. Fam. Code § 154.125 apply up to a net monthly resource cap of $9,200 as of September 2025, with six children qualifying for the maximum 40% of net resources before needs-based adjustments.
Practical Takeaways
- Reconciliation should be documented if it matters later. Couples who reconcile after an affair in Texas should memorialize the date of resumed cohabitation and marital relations, because Tex. Fam. Code § 6.008 condonation defenses turn on specific factual findings about forgiveness.
- Postmarital agreements are enforceable in Texas. Under Tex. Fam. Code § 4.102, spouses can convert community property to separate property by written agreement, which some reconciling couples use to clarify financial expectations going forward.
- Campaign funds and political income require careful characterization. Salaries, campaign reimbursements, and officeholder accounts earned during marriage are presumptively community property under Tex. Fam. Code § 3.003, which presumes all property on hand at dissolution is community unless proven otherwise by clear and convincing evidence.
- Filing early preserves temporary orders. Under Tex. Fam. Code § 6.502, a Texas court can issue temporary orders for support, exclusive possession of the residence, and injunctions against asset transfers from the date of filing — rights that do not exist before the petition is filed.
- Six-figure marital estates warrant early forensic review. Federal salary records, retirement accounts (FERS and Thrift Savings Plan for members of Congress), and pre-marital assets all require tracing under Tex. Fam. Code § 3.007 to preserve separate property character.
Frequently Asked Questions
Is adultery still a ground for divorce in Texas in 2026?
Yes. Under Tex. Fam. Code § 6.003, adultery remains a fault ground for divorce in Texas. Texas is one of roughly 15 states that retains fault grounds. A finding of adultery can support a disproportionate community property division under Tex. Fam. Code § 7.001, though most of the approximately 75,000 Texas divorces filed annually proceed under no-fault insupportability.
Does reconciliation bar a Texas divorce based on the prior affair?
Reconciliation can bar a fault-based divorce under the condonation defense in Tex. Fam. Code § 6.008. The forgiving spouse must have known of the adultery, forgiven it, and resumed marital relations with reasonable expectation of continued good conduct. Condonation does not prevent a later no-fault divorce under Tex. Fam. Code § 6.001 if new discord arises.
How does Texas divide property when one spouse committed adultery?
Texas courts divide community property in a manner that is "just and right" under Tex. Fam. Code § 7.001. Fault in the breakup, including adultery, is one factor courts may weigh. Disproportionate divisions of 55/45 or 60/40 favoring the innocent spouse are common when adultery is proved, though the court retains broad discretion based on the full record.
How long does a Texas divorce take after filing?
No Texas divorce can be finalized in fewer than 60 days after the petition is filed, under Tex. Fam. Code § 6.702. The only exception is cases involving family violence with a protective order or criminal conviction. Contested divorces routinely take 6 to 12 months, and complex cases with significant assets can exceed 18 months before a final decree.
Can a spouse file for divorce while still married and living together?
Yes. Texas does not require physical separation before filing. Under Tex. Fam. Code § 6.301, the petitioner or respondent must have been a Texas resident for the preceding six months and a county resident for 90 days. Spouses often remain in the same home during the 60-day waiting period, with temporary orders under Tex. Fam. Code § 6.502 allocating exclusive use of spaces if needed.
Considering Your Options
Reconciliation, separation, and divorce decisions in Texas involve overlapping rules on fault grounds, community property characterization, and child-related orders. If you are navigating a similar situation, a Texas family law attorney can walk through how Tex. Fam. Code § 6.003, § 6.008, and § 7.001 apply to your facts.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.