What is considered adultery in a divorce case?

If you’re facing divorce, you likely have a good idea what led to the breakdown of your marriage. For those who experienced adultery in their marriages, it may seem clear what happened: one spouse cheated on the other.

While it may seem clear from an emotional and social standpoint, the legal viewpoint is the only one that stands up in court, so be sure you understand what is considered adultery in a divorce case.

Defining Adultery in Divorce Cases

Adultery is generally defined as sexual intercourse between a married person and someone other than his or her spouse. In some states, the definition of adultery has been very narrow, including only sexual intercourse, but in many jurisdictions, the definition is broadening to cover a variety of sexual interactions. Texas law considers a range of sexual activities when looking at an accusation of adultery.

Any outside sexual activity by one spouse can put the marriage in jeopardy by posing risks of: 

• extramarital emotional attachment;
• financial loss; and
• sexually transmitted diseases.

Adultery as Grounds for Divorce in Texas

Adultery is not a crime in Texas, but it is grounds for divorce and can affect some aspects of divorce like spousal support and division of property. Some judges see it as something to take into consideration when deciding child custody.

While the definition of adultery may be broad, proving adultery of any kind can be difficult. There’s rarely photo evidence of a spouse engaging in sexual activity with another person, although in the age of the Internet, risqué photos sometimes do play a role in exposing an affair.

If you believe your spouse has had an affair, speak with a divorce attorney. Your attorney can offer you specific tips and legal advice on proving adultery in a divorce case, and can represent your best interests in court and make sure you are treated fairly. Call Warren & Migliaccio for legal help: 888-584-9614.