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There is no necessity to prove that sexual intercourse actually took place, but there must be evidence of an affair, such as text messages between your spouse and another person. Other proof, such as emails, photos, videos, phone records, bank or credit card statements are also accepted by the court.
Divorce In Texas Adultery You cannot sue someone, the paramour, for adultery because adultery is not illegal in Texas. However, adultery can impact the divorce court's decision on property division and can be grounds for requesting a disproportionate share of the community estate.
Adultery and divorce: Can infidelity affect divorce settlements in Texas? Yes. If you are able to convince a judge that your spouse's cheating is the ground on which your divorce should be based, you could be awarded a greater share of the marital property.
No, adultery is not illegal in Texas. But Texas courts consider marital misconduct, including infidelity, in dividing the parties' community estate. Typically, fault grounds for divorce, such as adultery, are raised by the innocent spouse to gain a greater (or disproportionate) award of the community estate.
If you file for divorce in Texas based on your spouse's adultery, you'll need to prove that claim. The evidence you provide might be circumstantial?in other words, you don't need to have video of your spouse's tryst. But the proof must be "clear and positive," not just "innuendo" or suggestion.