Inside Kristy Scott’s Divorce Filing: Custody, Property and Adultery Claims

Kristy Scott laid bare what allegedly went wrong in her marriage to Desmond Scott and their plans for custody over their children, division of property and more in her divorce petition obtained exclusively by Us Weekly.

Kristy, 30, filed for divorce from her husband, 31, after 11 years of marriage on December 30, 2025, claiming, “Desmond Scott has committed adultery.”

In her petition filed in Harris County, Texas, Kristy stated that their marriage “has become insupportable because of discord or conflict of personalities,” noting that “destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.”

The state of Texas defines adultery as “the voluntary sexual intercourse of a married person with someone other than their spouse.”

Texas legal firm Bailey & Galyen Attorneys at Law notes on its website that “emotional affairs, sending inappropriate text messages, or spending time with another person are not, by themselves, considered legal adultery.”

Kristy did not go into further details about the alleged adultery in her divorce filing.

When it comes to their two children — sons Vance, 7, and Westin, 6 — Kristy informed the court that she and Desmond plan to enter a written agreement about custody, access and support.

However, if they cannot agree on terms for the kids, Kristy wants the court to decide for them.

Kristy Scott Files to Legally Ditch Desmond’s Last Name Amid Divorce

The TikTok star also said they entered a “marital property agreement,” which defines their rights to all property, both community and separate.

Kristy wants the court to enforce the property agreement, noting that “nothing in this petition should be construed as a challenge.”

Kristy said she and Desmond will enter into an agreement to divide their community estate, likely referring to the “dream home” they built before their split.

The social media influencer also stated that she owns property that is not part of the community estate and that she wants the court to treat it as separate.

That’s not all.

Us previously reported that Kristy made it clear she no longer wants her estranged husband’s last name and has requested the court legally change her surname back to Small.

Kristy Scott Files for Divorce From Desmond Scott, Cites Alleged Infidelity: Report

She also demanded that Desmond pay her attorney’s fees, as well as court costs and expenses related to the divorce case.

Kristy and Desmond tied the knot in August 2014. She did not list a date of separation in her filing, but did note they will “soon cease to live together as spouses.”

The pair rose to fame on social media with their hilarious prank videos and light-hearted content.

Following her divorce filing, Desmond addressed their split and Kristy’s accusations.

“I want to begin by apologizing to Kristy, our family, and everyone who has been impacted by the public attention surrounding this situation,” he announced via his Instagram Story on Saturday, January 10. “I know this news has been disappointing for many, and I’m truly sorry for the hurt it has caused.”

Desmond went on to explain: “Kristy and I faced challenges and made sincere efforts to work through them. Toward the end of 2025, I wanted to separate, and I had conversations with Kristy regarding this. During this period, I made choices that I am not proud of.”

He also shared that he “took responsibility for those actions,” while vowing to be “an active, present, and loving parent to our boys.”