Texas Laws on Adultery
Adultery is characterized as voluntary sexual intercourse between one spouse and someone who is not a party to the marriage under Texas family law. In other words, while emotional affairs may feel like cheating, they will not particularly help you in court.
While adultery violates certain civil laws observed in the Texas Family Code, it is not a crime in Texas.
This article explores the legal status of adultery in Texas, examines its impact on divorce proceedings, and discusses the broader social and legal implications.
Legal Definition of Adultery in Texas
Under Texas law, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. This definition is significant primarily in the context of divorce proceedings rather than criminal law. It’s important to note that while adultery is viewed negatively from a moral standpoint, its legal implications are more nuanced and do not equate to criminal liability.
Is Adultery Considered a Crime in Texas?
In Texas, adultery is not considered a crime. Unlike some states or countries where adultery may be punishable by law, Texas does not impose criminal penalties for this act. This means that individuals who commit adultery in Texas do not face criminal prosecution, fines, or imprisonment simply for engaging in an extramarital affair. Historically, adultery was considered a criminal offense in various jurisdictions, but Texas, like most states in the U.S., has moved away from criminalizing private consensual behavior between adults.
Adultery and Its Impact on Divorce Proceedings in Texas
While adultery is not a crime in Texas, it can significantly affect divorce proceedings. Texas is a “no-fault” divorce state, meaning that a spouse can file for divorce without having to prove the other party’s wrongdoing. However, Texas also allows for “fault-based” divorces, where one spouse’s misconduct, such as adultery, can be cited as a reason for the divorce. Under Texas Family Code § 6.003, adultery is explicitly listed as a ground for divorce.
When adultery is proven in a fault-based divorce, it can impact several aspects of the divorce settlement:
- Division of Property: Texas is a community property state, meaning marital property is typically divided equally between spouses. However, if one spouse can prove that the other committed adultery, the court may award a larger share of the marital assets to the innocent spouse.
- Alimony: Also known as spousal support, adultery may influence alimony. While adultery alone does not guarantee alimony, it can be a factor that the court considers when deciding whether to award support and in what amount.
- Child Custody: Although adultery does not directly determine child custody arrangements, it may influence the court’s perception of the adulterous spouse’s moral fitness, which could indirectly affect custody decisions.
In all these cases, the burden of proof lies with the spouse alleging adultery, and they must provide convincing evidence, such as witness testimony, text messages, or other forms of proof.
Adultery and Civil Lawsuits
In the past, Texas allowed spouses to sue their partner’s lover under the tort of Alienation of Affections. However, in 1987, Texas amended the Texas Family Code and officially abolished Alienation of Affection as a legal cause of action. This means that while adultery can be a significant factor in divorce proceedings, it does not provide grounds for a separate civil lawsuit against a third party in Texas.
Public Perception and Social Consequences of Adultery in Texas
While adultery may not lead to criminal prosecution, it can have significant social repercussions. Texas, with its strong religious and conservative roots, often views adultery as a serious moral failing. This perception can lead to social stigma, strained personal relationships, and loss of trust within communities. In some cases, adulterous behavior might even affect an individual’s professional reputation or standing within certain social circles.
Adultery in the Context of Texas Military Law
Adultery can carry different consequences for members of the military. Under the Uniform Code of Military Justice (UCMJ), which applies to service members stationed in Texas or elsewhere, adultery can be prosecuted as a criminal offense. The military considers adultery to be prejudicial to good order and discipline, and service members found guilty may face court-martial, reduction in rank, or even discharge from service. This starkly contrasts with the civilian legal system, where adultery remains a non-criminal matter.
FAQs about Adultery in Texas
Does my wife get half if she cheated on me in Texas?
Marital property is assets acquired during your marriage, regardless of who purchased it or whose name is connected to it. In Texas, your property is divided according to what is “just and right,” rather than being divided exactly in half.
If you can prove that your partner committed adultery during the time you married, you are entitled to a disproportionate share of the marital property. If the court finds you guilty of adultery, your marital property may be split in a way that benefits your spouse rather than you.
Can I sue my spouse for adultery in Texas?
As aggravating as it may be, infidelity is not illegal in Texas, and it is only legally recognized in the context of divorce. If you can’t substantiate adultery as defined above, you’re not going to get paid for being wronged by your spouse in this way.
However, yes, if the adulterous behavior constitutes Intentional or Reckless Infliction of Severe Emotional Distress. You may bring the suit if your situation meets this criteria. Whether you should file the suit is one for another day or a conversation with your divorce lawyer.
A provision in Texas law allows harmed partners to file a tort claim as part of their divorce petition. It gives them the ability to ask the court to punish the adulterous spouse for causing them pain, which can include recompense.
What proof do you need for adultery?
The wronged spouse could hire a private investigator and attempt to gather evidence to persuade the courts. Although technological advancements have made this somewhat easier, obtaining clear and convincing evidence of an affair can still be challenging.
To demonstrate adultery through circumstantial evidence, one must prove that the adulterous spouse possessed both the “disposition” and the “opportunity” to commit adultery. Photos of the adulterous spouse and another woman or man kissing or engaging in other acts of affection are considered examples of evidence of “disposition.”
Direct photos or videos of sex aren’t always required. You could, for instance, use photos of your spouse’s car parked in someone’s driveway as circumstantial evidence.
Does Adultery Affect Alimony in Texas?
Alimony is only granted in Texas under a particular set of law-defined circumstances. Without going into great detail, they all involve one spouse not being able to earn a living on their own. Adultery is not a basis for alimony. However, if the court decides alimony could be awarded, the amount and duration of the alimony award may be influenced by misconduct during the marriage.
If a divorcee meets these requirements, judges have a lengthy list of factors to consider when determining alimony. This is where adultery’s modest influence manifests itself. Adultery is specifically mentioned as a factor to consider, as is financial dishonesty, which can often go in tandem with cheating. As with property division, judges have a lot of leeway regarding alimony, so you shouldn’t count on cheating to influence the outcome.
Does Adultery Affect Child Custody in Texas?
Adultery doesn’t have an impact on which parent has custody of the children as long as the cheating spouse does not conduct the adulterous relationship in front of the children. However, suppose it is discovered during the divorce that one spouse committed adultery. In that case, the faithful spouse’s obligation to pay alimony may be affected, even if the cheating spouse can demonstrate a genuine financial need for the alimony.
Can you sue for adultery in Texas?
Adultery is not a crime in Texas and, therefore, cannot be prosecuted. However, it may still be a factor in determining alimony and property division during a divorce.
What do I need to prove adultery in Texas?
To prove adultery in the context of a divorce in Texas, a party must present clear and convincing evidence that (1) their spouse had sexual intercourse with someone else while married and (2) the act was done without the knowledge or consent of the other party.
Can you sue someone for being a homewrecker in Texas?
No, under Texas law, there is no cause of action for “homewrecker” or “alienation of affection” damages.
Can I sue the other woman for destroying my marriage in Texas?
Unfortunately, Texas does not recognize claims for alienation of affection or intentional interference with a marital relationship since adultery is not criminalized.
Can I sue the woman who cheated with my husband?
No, Texas does not recognize claims for alienation of affection or intentional interference with a marital relationship.
Is texting considered adultery in Texas?
Generally speaking, sexting alone would not be considered adultery in Texas. To qualify as adultery, physical sexual intercourse between two people/spouses must take place without the consent of one spouse.
Can I sue my ex for cheating in Texas?
No, Texas does not recognize claims for alienation of affection or intentional interference with a marital relationship since adultery is not criminalized.
Can you sue an ex for emotional abuse?
Yes, an ex can potentially be sued in civil court for causing emotional distress or mental anguish through reckless or intentional actions. However, such claims must meet certain conditions to be valid.
Is infidelity illegal in Texas?
No, infidelity is not illegal in Texas since adultery is not a criminal offense.
Does adultery affect divorce settlement in Texas?
Yes, the courts may consider evidence of adultery when making decisions regarding alimony and property division in divorce proceedings. Such evidence may result in more advantageous terms for the innocent party.
How much circumstantial evidence is needed to prove adultery?
The amount of circumstantial evidence necessary will depend on the facts and circumstances surrounding each case. Generally speaking, however, circumstantial evidence can prove adultery if it is accompanied by other concrete proof, such as testimony from witnesses or direct evidence.
Does adultery have to be proven?
Yes, adultery must be proven by clear and convincing evidence before the court can consider it during divorce proceedings.
Final Word
When a divorce is filed based on adultery, and the spouse can prove it, the outcome of the divorce can be greatly influenced. Although Texas is a community property state, when adultery is proven, the filing spouse may be awarded a larger share of the marital property based on specific conditions. Adultery can also play a role in child custody orders, as the family court determines custody based on what is best for the child. If the adulterous spouse endangers their children, the filing spouse may be given more weight in the custody order.