Although adultery is not illegal in Texas, it can affect divorce settlements. There are 21 states where adultery is considered a crime. If you want to prove that your spouse committed adultery, you should definitely talk to a lawyer who is qualified in family law. Fortunately, there are excellent family law lawyers everywhere from Hartley to Harris County. According to Texas family law, adultery is voluntary sexual intercourse between a spouse and a person who is not a party to the marriage. In other words, emotional matters can certainly look like cheating, but that emotional distress won`t necessarily help you in court. Adultery is grounds for divorce in Texas and can affect some aspects of a divorce judgment. Family court judges may consider adultery if they divide property between divorced spouses, although they are not required to do so. Texas is a community-owned state. Judges usually carefully divide marital property in the middle, with 50% going to each spouse.

However, if adultery is a factor, a judge may award more than 50% of the joint property to the injured spouse. This is very likely when there is clear evidence that a spouse`s adulterous affair was solely responsible for the termination of an otherwise good marriage. This could also happen if the wandering spouse uses the money and property from the marriage to give gifts to their loved one. In this case, she wasted marital property, and a judge could hold her responsible for returning at least half of that money to the injured spouse. That being said, adultery can (and probably will) be considered if a court divides your property, and you can talk to a lawyer about how you can both effectively advocate for her to get less than she would have otherwise. It`s not a sure thing, but it doesn`t hurt to try. According to Texas family law, «adultery» is when a person married voluntarily has sexual intercourse with a person who is not their spouse. Adultery is one of the «wrong» reasons why divorce can be granted.

In Texas, divorce is usually granted on the basis of intolerability due to discord or conflict between the personalities of the parties. To obtain divorce for adultery, the spouse who was deceived must prove that adultery actually took place. If you can`t prove adultery as defined above, expect your divorce attorneys to lead you to a no-fault divorce on your part. You can still reach a favorable settlement in court without alleging specific and legally recognized marital misconduct. The reason proving adultery in Texas may not be easy is that adultery in the state must involve sexual intercourse. This means that acts such as touching, kissing, and even oral sex are not specifically considered sexual intercourse. You can`t sue anyone, your lover, for adultery because adultery is not illegal in Texas. However, adultery can affect the divorce court`s decision on the division of property and be grounds for requesting a disproportionate share of joint property.

The innocent spouse may receive a higher or disproportionate percentage of joint property. It can also influence decisions about spousal support (alimony) and influence custody. In order to establish adultery, direct or circumstantial evidence may be proven by direct or circumstantial evidence. Allusions or insinuations are not enough to prove adultery, but clear and convincing evidence is considered a higher standard in civil litigation. Unfortunately, adultery and divorce are two words that often go hand in hand in Texas and across the country. If you are considering filing for divorce due to fault – especially adultery – it is important to seek advice from an experienced divorce lawyer. We can help. The Varghese Summersett Family Law Group team will listen to the facts and circumstances of your situation and guide you through all available legal options. We explain the pros and cons of adulterous divorce and patiently guide you through this highly emotional time. We ensure that your interests, property and children are protected every step of the way. Call 817-900-3220 to schedule consultations and answer your most pressing questions about adultery and divorce.

Similarly, sexual assault does not constitute adultery, and we believe it would be completely inhumane for that to be the case. Short answer: Adultery is not illegal in Texas. If you`re at the point where you ask: Is adultery illegal in Texas? You probably already experience marital dissatisfaction. As frustrating as it may be, infidelity is not illegal in Texas, and the only time it is legally recognized is in the context of a divorce. If you cannot prove adultery as defined above, you simply will not be held responsible for being treated unfairly by your spouse in this way. In general, the factor that the court considers in its decisions is the income history and income potential of the spouses. Situations such as adultery or other reasons why the couple is divorcing may also be taken into account by the judge when deciding on the division of property. However, most judges do not consider adultery to be something that should play an important role in their decisions. In some situations, one spouse may be able to reach a good agreement because the other spouse does not want to be exposed as adultery.

Texas does not favor child support, so it`s unlikely that a judge would base a support decision on the fact that the adultery took place during the marriage. Texas judges only award child support on a case-by-case basis when the spouse seeking it is clearly unable to support himself or herself financially. Even then, the Texas Family Code limits child support payments to no more than three years and $2,500 per month, or 20 percent of the payor spouse`s monthly before-tax income. Things like sexual emails, sexting, photos, and other similar acts are also not considered adultery. They can be qualified as fraud, but they do not meet the legal definition of adultery. As long as a person has sex while still married, this is considered adultery. This applies even if you are in the divorce process or if you have separated from your partner. In Texas, marriage can only end after divorce.

The court can and will generally award the non-unfaithful spouse an additional percentage of the matrimonial property. The amount is often higher if the unfaithful spouse used community funds to maintain the relationship, and if the affair was the main reason for the divorce. The two areas that Texas adultery laws do not affect include: adultery is not a crime in Texas; A spouse will not go to jail, have no criminal record, or pay a fine if he or she goes astray. However, state laws deal with infidelity, so an adulterous spouse doesn`t always get away with it. State law allows punitive damages or penalties for adulterous conduct. Although adultery is not a criminal offense, it still violates some Texas civil laws. In determining custody and access, the judge focuses on the best interests of the children and the parenting skills of each spouse. Therefore, infidelity usually has no impact on the custody or visits of children.

However, if the judge finds that your spouse`s adultery was harmful to the children, or that the unfaithful spouse puts the new relationship above the children, this may play a role in custody or access decisions. In this article, we`ll explore how the Texas Family Code deals with adultery, including how to prove it and what the consequences are. This is not legal advice, but we are experts in family law and we can certainly provide useful information. Before we continue, we have an important note about the Texas real estate department in general. Regardless of whether adultery occurred, only marital property will be considered in your divorce. Although Texas allows no-fault divorce on his part, it also recognizes a number of «grounds» for divorce, including cruelty, felony conviction, abandonment, mental imprisonment, separate life, and adultery. Indicating a reason or reason for divorce may be beneficial for the injured party. The court may consider an error when deciding on the division of property and assets. If a party to a divorce meets these criteria, judges have a long list of factors to consider when awarding child support. This shows the meager influence of adultery. The party who committed the adultery is not automatically responsible for paying child support or spousal support under the Texas Family Code.

Another thing he cannot do is change a result of the maintenance or conservatory arrangements. Despite this, the judge still has a lot of discretion to decide what is in the «best interests of the child.» Fraud is one of the leading causes of divorce in Texas, but can adultery affect divorce proceedings? The short answer is that it depends. In Texas, there are two types of divorce: mistake and no guilt. The type of divorce you are applying for determines whether or not infidelity plays a role in the outcome or resolution of your divorce. The Texas Family Code defines adultery as a legal term that means voluntary sexual intercourse between a married person and a person who is not the spouse. If a woman becomes pregnant after adultery, or if a man impregnates a woman who is not his wife, this can be considered clear and convincing evidence of adultery.