Adultery

Texas Family Code, Section 6.003, allows for a judgment based on adultery. Texas law defines adultery as a married person who intentionally has a physical sexual relationship with a person, not their spouse.

However, an alleged relationship that consists primarily of non-sexual contact, such as lewd or risqué text messages or direct messages on social media, phone calls, etc., would not necessarily qualify as adultery, despite being very upsetting to a spouse who discovers them.

However, showing these in court demonstrates that the party’s actions led to the spouse’s adultery. Clear evidence is required to prove adultery. Getting direct evidence, such as photographs of someone with the other party, may be difficult, and may require the assistance of a private detective.

Circumstantial evidence can also be used to establish proof of an adulterous affair, such as the messages above or calls. Unexplained expenditures and payments, bank statements,  receipts, or other documentation like suspicious financial activity that suggests adultery such as purchases made for another person.

To prove adultery, the plaintiff needs to present this evidence to show conclusively that their spouse engaged in adultery during the marriage. Because Texas does not have a legal separation, any relationship after the parties split is still considered “adultery” until the divorce is finalized. These actions can greatly influence the court and the judge when making decisions in the case.