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Is Adultery Illegal in Texas? – Divorce Laws for Adultery and Infidelity

In recent years, the world has been inundated with social media; it seems you can’t escape it. Social media has a lot of good aspects to it, such as being able to get in touch with friends and family at the touch of a button or being able to get a message out to numerous people at once.

You can share one picture with many people and you can get instant feedback for a question you might have. The benefits are many. However, there’s a dark side to social media that is lurking around many corners.

Social media sites are ripe with spouses looking for something else, or someone else. In 2008, 20 percent of divorce cases referenced Facebook. Three years later in 2011, that had increased to 33 percent, and the numbers have steadily grown from there.

The U.S. isn’t the only country to experience this. It’s believed that now as many as one in three divorces began as affairs online with sites such as Facebook. Adultery in Texas is no different, it can often begin online.

Proving adultery in Texas is often easier when social media has impacted the marriage as adultery and divorce in Texas seem to go hand in hand. Does infidelity affect divorce in Texas? This article will go over the aspects of infidelity and divorce in Texas.

How Does Adultery Affect Divorce in Texas?

What happens in a divorce if you commit adultery? Texas divorces often stem from infidelity. Alienation of affection for Texas couples is often one of the first signs of infidelity, although more signs are likely to follow.

The emotional impact can be significant and devastating, especially if the affair was discovered by accident and there were no signs, or the signs weren’t immediately obvious. How does adultery affect divorce? It can translate into a complete breakdown of the marriage resulting in a lack of trust.

Most marriages can’t overcome an infidelity and divorce may be imminent. It is very difficult for a marriage to recover after one spouse is caught lying or being deceptive.

Is Adultery Illegal in Texas?

People who are going through a difficult time with their spouse and are suspicious of cheating often ask, is adultery illegal in Texas? The simple answer is no. Texas family law does state that adultery violates specific civil laws but is not seen as a crime.

Adultery laws in Texas aren’t often cited although infidelity and divorce in Texas are often closely related. Adultery is one of the seven grounds for a divorce in Texas, along with spousal abandonment, divorce cruelty, insupportability, living apart, conviction of a felony, and mental confinement in a hospital or institution.

Does Adultery Affect Child Custody in Texas?

how does adultery affect divorce in Texas?

Judges will often take the infidelity into consideration in the Texas property division process. Although less often, the judge may consider reduced time with the children, depending on the actions of the cheating spouse.

Texas law recognizes both parties have an equal right to the assets gained during the marriage, but some judges will reduce the amount given to the spouse that was cheating. They will also take into consideration if the spouse filing for divorce works and how long the marriage has lasted.

Proving Adultery in Texas

Texas divorce laws for adultery state the infidelity must be proven before divorce is granted. Filing for divorce in Texas because of adultery means the petitioner must prove the spouse was cheating on them. While it can be almost impossible to prove that something like sexual intercourse took place, the court will look at all reasonable evidence when deciding on divorce in a Texas adultery case.

Some things that will come in handy to prove your case would be call logs, screenshots of text messages, credit card receipts (with hotel charges or flowers, etc.), and of course, evidence from social media accounts. While it would be illegal to hack into your spouse’s account, if you find it open or already have access, whatever you find is free game for you to copy and show the courts.

The more proof you have, the better for filing for divorce in Texas because of adultery by your spouse. Infidelity laws in Texas will likely be on your side.

Filing for Divorce in Texas Because of Adultery

When you feel like you’ve been through an emotional ringer with your spouse, grounds for divorce in Texas for adultery may be the only option you have. To ensure you get what you deserve, especially when you’ve kept your side of the marital bargain, you need to employ a Houston divorce lawyer who understands the law and how to get you the most in the divorce.

The attorneys at The Moffett Law Firm have been through numerous cases and understands what the courts need for you to win your case and get the results you want. Contact us today to schedule a consultation.


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