Many marriages have ended because of adultery. For any marriage to survive the couple have to trust one another but when a spouse cheats, all that trust is eroded and difficult to rebuild. The heartache that results from these situations can lead the wronged spouse to seek ways to get back at the spouse that cheated.
Some may even contemplate suing their spouse’s lover. You cannot sue your spouse’s lover in Texas, but there are remedies you can exploit during the divorce proceedings.
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Suing Your Spouse’s Lover
Can You Press Charges For Adultery In Texas?
Suing your spouse’s lover is not possible because Texas law does not consider adultery to be a crime. This is because adultery often involves a voluntary sexual act between adults. In some states, you can bring an action against a third party that you allege is responsible for the deterioration of your marriage. This is called the alienation of affection lawsuit.
Texas law clearly indicates that alienation of affection is not authorized in the state. States that still have this law include South Dakota, Mississippi, Utah, Hawaii, and North Carolina.
Can Your Sue For Emotional Distress If Your Spouse Cheats
While the realization that your spouse is unfaithful can cause emotional distress, Texas courts are not likely to base any judgment on an emotional distress suit related to your spouse cheating. The law recognizes two types of emotional distress claims:
- Intentional infliction of emotional distress: You have to prove that the actions of your spouse’s lover were outrageous and extreme
- Negligent infliction of emotional distress: You have to convince the court that your spouse’s lover owes you a duty of care and that the lover breached that duty. You must prove that that breach caused damages.
Any attempt at proving any kind of emotional distress will always end up in the alienation of affection territory. That means the court is more likely to dismiss your case.
Divorce May Be The Only Remedy
What Do I Need To Prove Adultery In Texas?
Fortunately, adultery is a recognized fault ground for divorce. So, if you can prove that your spouse is at fault for the dissolution of your marriage, it can affect the terms that are included in the divorce decree. You have to prove your spouse’s affair which means you have to gather evidence of the affair.
The evidence of the affair can include social media posts, text messages, emails, and others. You will need the help of an experienced divorce lawyer to determine what evidence is relevant to your case. Your lawyer may also know trusted private investigators that can help you gather the evidence you need.
The Wronged Spouse Receives More Property
Proving the affair may be challenging but if your case is successful, you may receive a larger portion of community property than your cheating spouse. Remember that most of the property you and your spouse accumulated during the marriage is community property.
In no-fault divorces, the spouses are equally entitled to the marital property but the court divides the property in a just and right manner. But if one spouse is at-fault because of adultery, the court will favor the innocent spouse when dividing community property.