(Disclaimer: This is a hypothetical scenario and does not involve real people.)
Meet Bob. Bob discovered his wife, Jane, in a compromising situation with the Amazon driver when he returned home from work. Now, he wants a divorce.
Bob, who lives in Texas, wants Jane to face consequences, possibly even jail time, but he is unsure if adultery is illegal in Texas.
While some states classify adultery as a misdemeanor or even a felony, Texas handles these cases differently.
Here’s what to know about the legal proceedings of adultery in Texas.
Is adultery illegal in Texas?
Texas law doesn’t consider adultery to be a felony or misdemeanor. But Texas Family Code §6.003 does say the court may grant a divorce in favor of one spouse if the other spouse has committed the act.
Adultery in Texas is a civil matter. If proven, courts will consider how the innocent spouse benefits from the separation.
Infidelity can influence the division of property. The spouse who was wronged may cite fault grounds, such as adultery, in order to obtain a larger share of the estate.
What is considered adultery in Texas?
For a court to consider adultery, under Texas law, sexual intercourse is necessary to legally define adultery. A spouse exchanging sexually explicit emails, texts, or photos with someone other than their spouse is not considered adultery in Texas under the legal definition.
How does adultery affect alimony in Texas?
Adultery can render a spouse ineligible for alimony or influence the amount awarded.
If a person can justify that claim, the judge may consider the adultery when determining alimony amounts or dividing community property. However, many other factors also influence these decisions.
Individuals must prove there was an affair for there to be grounds for divorce.
The evidence might be circumstantial, meaning you don’t need video proof of your spouse’s affair. However, the proof must be “clear and positive,” rather than just “innuendo” or suggestion.
How do you get alimony in Texas?
According to Varghese Summersett family law firm, under Texas family law, alimony payments, legally referred to as spousal maintenance, are not guaranteed, and the requesting spouse must meet eligibility requirements.
To be eligible for spousal maintenance, the requesting spouse must be unable to meet their own “minimum reasonable needs,” according to Texas law.
Here is what is required for alimony consideration. One of the following must be true.
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The paying spouse was convicted or received deferred adjudication for a family violence offense against the requesting spouse or the requesting spouse’s child, and the family violence offense occurred no more than two years before the filed divorce petition or while the divorce petition was pending.
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The support-seeking spouse is unable to earn the minimum reasonable needs due to physical or mental disability.
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The marriage must have lasted at least 10 years, and the spouse seeking support must be unable to earn sufficient income to meet their basic needs. Additionally, they must demonstrate efforts to secure adequate employment or develop skills to fulfill their basic needs during the divorce process.
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The requesting spouse will serve as the primary conservator of a minor or adult child from the marriage who requires significant care and personal supervision, limiting their ability to work sufficiently to meet their basic needs.
What is Texas’ divorce rate?
According to TexasDivorceLaws.org, In 2022, Texas had a divorce rate of 6.9 per 1,000 people. In comparison, the U.S. Census Bureau reported the national divorce rate as 3.2 per 1,000 people.
In their report, most Texans filed for divorce on ground of insupportability, meaning neither spouse wishes to continue the marriage, but no other grounds for divorce apply. In Texas, an insupportability divorce means that one or both spouses have decided that ending the marriage is the best course of action.Some of these reasons are no-fault grounds, indicating that neither spouse is holding the other responsible for the end of the marriage. However, others are fault-based grounds that necessitate the accusing spouse to provide evidence for their claims.
However, adultery is a prominent fault-based ground, cited by 60% of individuals.
This article originally appeared on Austin American-Statesman: Is adultery illegal in Texas? What law says about cheating in marriages