Is Adultery Illegal in Texas? Here’s What the Law Says

If you’ve heard chatter about adultery being illegal or about harsh consequences in Texas courts, you’re not alone. The short answer is simpler than you might expect: cheating on a spouse is not a criminal offense in Texas. There’s no adultery statute that would land someone in jail simply for having an affair. But the topic matters because marital infidelity can influence civil cases in significant ways, particularly during divorce, property division, spousal support, and custody decisions. This article explains what Texas law actually says, what adultery can and cannot do in court, and what to consider if you’re navigating a situation involving marital infidelity.

The legal status of adultery in Texas

In Texas, the act of adultery itself is not a crime. You will not be arrested or charged with a misdemeanor for having an affair. That said, Texas law recognizes the reality that marriages are built on trust, and the conduct of spouses can affect civil outcomes, especially in family law matters. The practical implication is that while adultery won’t trigger criminal penalties, it can factor into the court’s decisions about property, finances, and custody if relevant to the best interests of any children involved, or the financial fault related to a divorce.

How Texas handles divorce: no-fault versus fault Texas is commonly described as a no-fault divorce state. The primary ground used to grant a divorce is insupportability, meaning the marriage has become insupportable due to discord or conflict of personalities that prevents any reasonable expectation of reconciliation. You do not typically need to prove adultery to obtain a divorce; you can proceed based on insupportability alone.

That said, fault-based grounds—such as adultery—have historically existed and, in some cases, still appear in filings or negotiations. In practice, most divorces in Texas rely on no-fault grounds, but fault can play a role in certain circumstances, especially when it comes to financial matters like spousal maintenance (alimony) or in specific asset-decision contexts. Courts are supposed to uphold the “best interests of the child” standard for custody decisions, and fault alone typically does not determine custody. However, conduct such as ongoing infidelity can be considered if it directly impacts the family dynamics, welfare, or stability of the household.

Texas is also a community property state. In broad terms, assets acquired during the marriage are generally split 50/50, though judges have discretion to reach a fair division based on the facts of the case. The presence of an affair can intersect with these financial considerations, especially if one spouse can argue that the other’s conduct caused financial waste, damage to the marriage’s assets, or contributed to the breakdown of the relationship.

What adultery can mean for property, support, and custody

Property division: Because Texas follows community property principles, assets and debts that accumulate during the marriage are typically divided upon divorce. While adultery itself does not automatically create a “punishment,” it can influence equitable outcomes in some cases, especially if the affair led to financial decisions or waste of community resources. A court might consider fault-related factors if they are relevant to the value and distribution of assets, or to an award that is intended to be fair in the circumstances.
Spousal maintenance (alimony): Spousal maintenance in Texas is not automatic and is generally limited to specific situations, such as long marriages combined with limited earning capacity, or a spouse being unable to support themselves due to health or other factors. Fault (including adultery) can be a factor in some cases, potentially reducing or, in rare circumstances, influencing whether maintenance is awarded and for how long. The presence of an affair can be used to argue for a different maintenance outcome, but it does not guarantee a particular result.
Child custody and visitation: In Texas, child custody decisions revolve around the best interests of the child. Parental fault, including infidelity, is not the sole determinant. A parent’s ability to provide a safe, stable environment, involvement in the child’s life, and the capacity to meet the child’s needs are central. While an affair might be factored in a broader assessment of parenting and home life, it rarely dictates custody on its own. Courts are more focused on the child’s welfare than on moral judgments about the parents’ relationship.

Proving adultery in court: what’s possible and what isn’t If a case does involve adultery, it’s important to understand the evidentiary landscape. Texas family courts consider admissible evidence under general rules of evidence and procedure. Possible forms of evidence include:

Direct admissions by a spouse (confession or testimony)
Documents or communications that demonstrate sexual conduct outside the marriage
Corroborating evidence such as travel records, financial transactions, or other behaviors suggesting infidelity
Witness testimony or other corroboration

There are important limits and privacy considerations. Courts do not permit harassment or illegal surveillance, and evidence must be legally obtained. The strength and relevance of evidence will be weighed, and the judge will consider the impact on the case as a whole. It’s common for precipitating accusations to become complex and costly, so many couples prefer to resolve concerns through negotiation, mediation, or counseling alongside legal counsel.

Myths vs. reality

Myth: Adultery automatically ends a marriage or guarantees a harsher divorce settlement. Reality: While infidelity can be a factor in negotiations and outcomes, it does not automatically determine divorce or the final division of assets in Texas’s no-fault framework.
Myth: You can go to jail for cheating. Reality: There is no criminal offense for adultery in Texas. Criminal consequences would only arise from separate criminal acts (for example, crimes connected to abuse, fraud, or other illegal activities), not from adultery alone.
Myth: Adultery will always ruin chances for custody. Reality: Custody decisions focus on the child’s best interests and the parents’ ability to provide a stable home. Infidelity may be considered in a broader evaluation but rarely dictates custody unless tied to safety concerns or a pattern of neglect.
Myth: Evidence of an affair is always easy to obtain. Reality: Gathering admissible evidence requires care and compliance with the law. Spying or intrusive behavior can backfire legally and ethically.

Practical steps if you’re dealing with a affair

Consult a family law attorney: A qualified attorney can explain how Texas law applies to your specific situation, including how fault or insupportability may affect your case and what evidence is appropriate to present.
Gather documentation: If you’re pursuing or defending a divorce, collect financial records, communications, and any evidence that is legally obtained and relevant to the case. Avoid illegal or intrusive methods.
Consider counseling or mediation: A therapist or mediator can help you and your partner navigate emotions, protect children, and reach a settlement without protracted litigation.
Prioritize the children’s welfare: If children are involved, focus on maintaining stability and minimizing disruption to their lives.
Plan for financial implications: Understand how community property rules, potential spousal maintenance, and costs of litigation may affect your finances during and after divorce.
Protect privacy and safety: If there are concerns about harassment or safety, discuss protective options with your attorney and, if needed, law enforcement.

Stats and context for Texas families

Community property framework: Texas is a community property state, meaning assets earned during the marriage are generally owned equally by both spouses and typically divided 50/50 in a divorce, subject to fairness considerations. This framework shapes how marital assets are valued and distributed, regardless of fault.
Divorce trends: In recent years, the majority of Texas divorces have been filed on a no-fault basis, reflecting national trends toward insupportability as the primary ground. Fault-based filings, including adultery, constitute a smaller share of cases but remain a possibility in negotiations and court decisions.
Adultery prevalence: Surveys and studies suggest that infidelity occurs across demographic groups, with estimates often showing a meaningful minority of adults reporting at least one extramarital encounter in their lifetime. These numbers vary by study and methodology, but the topic remains a reality in many long-term relationships.
Custody focus: Texas courts emphasize the best interests of the child in custody determinations. Factors include the child’s safety, stability, relationships with each parent, and the ability to meet the child’s needs. Parental conduct is part of the overall assessment but is weighed in the context of the child’s welfare.
Maintenance realities: Spousal maintenance in Texas is available only under specific conditions and for limited durations. When maintenance is awarded, it is typically influenced by income disparities, health, and the standard of living established during the marriage. Fault may be a factor in some circumstances, but it is not a guarantee of maintenance or its absence.

Conclusion: what readers should know and where to turn for help

Cheating is not illegal in Texas. There is no criminal penalty for adultery by itself.
Divorce in Texas can proceed without proving adultery, thanks to the no-fault system based on insupportability. However, adultery can influence certain civil outcomes related to property division and spousal maintenance, and it can be a factor in custody considerations within the larger best-interests framework.
Texas’s community property rules shape how assets and debts are divided, and these rules interact with any fault-based claims in complex ways.
If you’re facing infidelity in a marriage, the best course is to consult a knowledgeable family law attorney who can tailor guidance to your circumstances, help you understand rights and options, and support you through a process that protects the welfare of any children and your financial future.
In all cases, prioritize safety, clarity, and your long-term goals. While emotions run high in these situations, well-informed decisions—ideally with professional counsel—will lead to outcomes that are more predictable and fair.

If you’d like, I can tailor this article further to a specific audience—such as Texans in a particular city, or readers seeking a concise summary for a blog, newsletter, or legal clinic handout. I can also adjust the tone to be more formal, more conversational, or more data-driven, depending on your needs.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. Laws and ordinances can vary by city, county, and state, and they may change over time. If you have specific questions about your situation or obligations under law, you should consult with a licensed attorney or contact your local municipal authority for guidance.