Adultery in Texas is a complex legal and social issue. While it's no longer a criminal offense, it can have significant consequences in divorce proceedings and other legal contexts. This guide provides a comprehensive overview of adultery in Texas, addressing common questions and misconceptions.
What Constitutes Adultery in Texas?
Texas defines adultery as a voluntary sexual intercourse between a married person and someone other than their spouse. It's crucial to understand that this definition requires voluntary sexual intercourse; forced or coerced acts wouldn't qualify. The act must also be extramarital; intercourse between spouses is, by definition, not adultery. The burden of proof in proving adultery generally falls on the party alleging it.
Is Adultery a Crime in Texas?
No, adultery is not a crime in Texas. It was decriminalized in 1975. This means you cannot be arrested or jailed for committing adultery. However, the legal ramifications extend beyond the criminal sphere, primarily within the context of divorce and family law.
How Does Adultery Affect Divorce Proceedings in Texas?
While not a crime, adultery can significantly impact a Texas divorce case. It can be considered by a judge when determining issues such as:
- Spousal Support (Alimony): A judge may consider adultery when determining whether one spouse should receive alimony and the amount awarded. Adultery by the spouse seeking support can negatively impact their claim.
- Division of Community Property: While not directly resulting in unequal division, a judge might consider adultery as a factor when deciding how to divide community property. This is usually more applicable if the adultery led to significant financial issues for the wronged spouse.
- Child Custody: While adultery alone won't automatically lead to a change in child custody, it might be considered alongside other factors affecting the child's best interest. For example, if the adultery involves risky behavior that jeopardizes the child's safety, it could influence custody decisions.
Can I Sue My Spouse for Adultery in Texas?
You cannot file a lawsuit against your spouse solely for committing adultery in Texas. There is no civil cause of action for adultery itself. However, as mentioned, evidence of adultery may be relevant in a divorce case concerning the division of property, alimony, or child custody.
What Evidence is Needed to Prove Adultery in a Texas Divorce?
Proving adultery requires compelling evidence. Direct evidence, such as eyewitness testimony or photographic proof, is the strongest. Circumstantial evidence, such as phone records, emails, text messages, or testimony regarding suspicious behavior, can also be presented, but it needs to be substantial enough to convince the judge. The court will look for a pattern of behavior indicative of an adulterous relationship.
How Can I Protect Myself From Adultery Allegations in a Texas Divorce?
If you are concerned about false accusations of adultery, maintaining clear communication and documentation is crucial. This might involve keeping detailed records of your whereabouts, preserving communication records, and documenting any evidence that refutes the accusations. Consult with a Texas family law attorney for advice on protecting your rights.
What if my spouse had an affair before our marriage?
Adultery committed before the marriage is not relevant in Texas divorce proceedings. The focus is on actions during the marriage.
This information is for educational purposes only and does not constitute legal advice. For specific legal advice regarding your situation, consult with a qualified Texas family law attorney.
