Adultery is voluntary sexual relations between an individual who is married and someone who is not the individual’s spouse. Adultery is viewed by law in many jurisdictions as an offense injurious to public morals and a mistreatment of the marriage relationship. However, adultery in Texas is frowned upon but not illegal.  Although Texas is a no-fault divorce state, meaning you can file for divorce even if nothing is wrong with the marriage, adultery can significantly impact the outcome of a divorce.


Adultery potentially impacts property division, spousal support, and even child custody or visitation. If you can prove your spouse has committed adultery the court may grant a disproportionate division of property in your favor. The court will also consider adultery when granting spousal support and may not grant the cheating spouse with support or will make them pay support to you. When it comes to your child, if you can prove your spouse abandoned the child while they were committing adultery, the court may use this against them in granting visitation and child custody.


If claiming adultery under the Texas Family Code Section 6.003, you must meet the burden of proof. The burden of proving adultery is by clear and convincing evidence, which is less than beyond a reasonable doubt in a criminal case. Adultery can be shown by direct evidence (proof of sexual intercourse with someone else) or circumstantial evidence (proof of an affair by photographs, text messages, emails, and etc.).  If your spouse commits adultery after separation, the court can potentially consider it against him or her.

A.T. Law Firm

If you are getting divorced due to adultery, it’s important to speak with an attorney right away to help prove infidelity in court.  Contact A.T. Law Firm by calling (832) 800-5590.  The A.T. Law Firm handles criminal defense, family and divorce cases, and personal injury cases.