Can You Go To Jail For Adultery In Texas

Many marriages end quickly because of infidelity. But adultery is not a crime in Texas but is considered a violation of certain civil laws. That means the adulterous spouse will not go to jail or get a criminal record, but there will be some consequences. Adultery is a ground for divorce and may determine the court’s decision on matters such as child custody, alimony, and property division.

But you need an experienced family law attorney to help you gather evidence to prove that the other spouse cheated.

How Adultery Affects Property Division

Can You Be Charged With Adultery In Texas?

Can You Go To Jail For Adultery In TexasThe family court considers adultery as a factor that determines their decisions on property division.  Normally, spouses are considered to have equal ownership of community property, but that doesn’t mean that the spouses receive an equal portion of the property. Instead, the court divides the property in a just and right manner based on various factors such as each spouse’s capacities and capabilities.

But when there is adultery involved, the aggrieved spouse may receive a bigger portion of the community property. The court will look at the evidence presented to prove the other spouse’s adulterous affair and will pay close attention to any indication that the adulterous spouse used marital assets or money in that affair.

Does Adultery Affect Alimony?

Generally, courts rarely award alimony in Texas even if a spouse was adulterous during the marriage. They only award alimony if a spouse is incapable of making a decent living.  Even when the court awards alimony, the paying spouse can only pay  20% of their monthly income (taxes excluded).

The alimony payments only continue for a maximum of 3 years.

How Does Adultery Affect Child Custody?

What Proof Is Needed For Adultery In Texas?

The straying spouse may not get custody if there is evidence that they engaged in their affair in front of the child causing embarrassment or discomfort.  The Texas court is more likely to award custody to the aggrieved partner in this situation.  But if both spouses are good parents, the court will not consider adultery in their child custody decision.

Consult an attorney to help you determine whether adultery can impact the child custody decision.

Can The Aggrieved Spouse Be Compensated For Adultery?

What Is The Punishment For Adultery In Texas

The aggrieved spouse can file a tort claim against the other spouse if the adulterous behavior caused them injury.  The court may award the harmed spouse financial compensation. However, this is only likely to happen if the aggrieved spouse proves that the pain is not just because of the affair.

Evidence can include citing instances where the adulterous spouse gave jewelry or other marital property to their paramour or brought the paramour to the marital home to hurt their spouse. The aggrieved spouse must prove:

  • That the defendant’s actions were reckless and intentional
  • The defendant’s actions were extreme and outrageous
  • The defendant’s actions resulted in severe emotional distress for the plaintiff
  • The plaintiff experienced emotional distress as a result of the defendant’s actions

Spouses cheat on their partners for a variety of reasons but regardless of the reason, these actions almost always result in divorce.  Talk to an attorney if you suspect your spouse is cheating on you.