Adultery in marriage almost always leads to a divorce. You are probably considering divorce if you are thinking about whether adultery is a crime or not. Adultery is not illegal in Texas but there are states that consider it a misdemeanor.
Texas law describes adultery as voluntary sexual intercourse with a third party who is not your wife or husband.
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Texas Adultery Laws
What Is The Punishment In Texas For Adultery?
Adultery can lead to a court giving the wronged spouse a percentage larger than 50% of the marital property. Normally, both spouses have 50% ownership of the marital property. Texas law gives a court power to divide the marital property in a “just and right” manner. This means that the court will not just consider the ownership stake each party has but also other factors such as adultery.
Adultery Impacts Divorce In Texas
Is Cheating Illegal In Texas
The non-cheating spouse receives more than half of the marital property if the court grants divorce based on adultery. They may receive an even bigger portion of the marital property if there is evidence that the cheating spouse use marital property to fund the affair. Texas adultery laws do not affect alimony decisions or lead to the court changing child custody or child support rulings.
The law does not consider parents who cheat as being bad parents. A parent can be considered bad if they engage in criminal activity, commit sexual offenses, or have a history of violence.
Evidence For Adultery
What Proof Is Needed For Adultery In Texas?
The court is not going to grant you a divorce based on adultery without evidence. You have to present proof that your spouse cheated. Your lawyer can help you gather reasonable evidence such as:
- Emails
- Photos
- Videos
- Credit card statements
- Phone records
- Bank statements
- Text messages
Since the court requires reasonably clear evidence that shows that your spouse was having sexual relations with another party, hiring a private investigator may be a better option to gather the evidence. You also need to talk to an experienced divorce lawyer to review the evidence you have and determine whether it’s enough to impact your divorce case significantly. Your lawyer may also be able to determine whether hiring a private investigator may cost more than what you stand to receive in property divisions.
What Is Considered Adultery?
Not all cheating is considered adultery in Texas. A sexual encounter that does not involve sexual intercourse is not considered adultery. That includes kissing, suggestive dancing, intimate touching, or other forms of sexual actions.
Sending sexually suggestive text messages, photos, or emails to someone who is not your spouse is not adultery. Your divorce lawyer can explain what is adultery based on Texas law.
Why You Need An Experienced Divorce Lawyer
Talk to an experienced divorce lawyer when you suspect your spouse may be cheating on you. Your lawyer understands how infidelity could impact your case and will build a strategy that you can use when you file for divorce. An experienced lawyer can also provide personalized services that suit your unique circumstances and will provide compassionate help and a strategy that can lead to you receiving the settlement you deserve.
