No. A spouse exchanging sexually-charged emails, texts, or photos with someone other than their spouse is not considered adultery in Texas.
More specifically, in Texas divorce cases, texts became more commonly used as evidence to prove situations like infidelity, hiding what should be shared assets, abuse, and much more. However, several theories about using texts as evidence in a divorce case in Texas include: It's an invasion of privacy.
Inappropriate texting in a relationship can be considered cheating in a committed relationship, depending on how the couple define infidelity. Cheating can come in many different forms, such as physical or sexual affairs, emotional affairs and online affairs.
What is considered adultery in Texas? Texas Family Code § 6.003 defines “adultery” as the voluntary sexual intercourse of a married person with another person who is not the spouse. But the spouse cheated on must prove adultery in order for Texas courts to recognize it.
Texas Adultery Law
This includes any sexual interaction with another person when a couple is separated but not yet divorced. Any acts outside of sexual intercourse, including flirtations, kissing, fondling, or sexually-charged correspondence, is considered infidelity.
According to Texas Family Code section 6.003, “The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.” Texas is a community property state, which means that in the course of divorce proceedings, each spouse is generally granted 50% of the jointly held assets.
Under Texas family law, adultery is voluntary sexual intercourse between one spouse and someone who is not a party to the marriage. In other words, emotional affairs can definitely feel like cheating, but that emotional distress won't necessarily help you in court.
Legally, adultery only covers sexual intercourse, which means behaviours such as kissing, webcam, virtual, and “emotional adultery” do not count for the purposes of getting divorced. This makes adultery very hard to prove if your spouse will not admit to it.
Here's the short answer: Having an affair isn't a crime in Texas. But hold on, don't click away just yet. Because while it might not land you in jail, straying from the marital bed can complicate divorce proceedings. An affair can influence everything from property division, spousal support to child custody.
Is it okay for a married man to text another woman? Yes, as long as they're just friends. Your husband might occasionally text a female friend or coworker of his, which is fine! If the messages are friendly check-ins or chatter about the office, you don't have anything to worry about.
If you're hiding and deleting messages, yes, that's cheating.
"Being emotionally involved with another person other than your partner is still cheating," she said. "Whether it's sexting, texting, or any type of message, it's a violation of trust and loyalty that you have with your partner.
Formal discovery requires a party to disclose anything asked by the other party which is relevant and within the control of the party. This includes text messages (unless they were deleted). Failure to answer discovery may result in the finding of contempt against the spouse.
Texas is considered a no-fault divorce state, which basically means neither spouse has to prove wrongdoing to be granted a divorce.
The answers: Yes, if the adulterous conduct amounts to Intentional (or Reckless) Infliction of (Severe) Emotional Distress. If your situation meets this standard, you can bring the suit.
What is infidelity? If adultery only refers to physical sexual contact outside of a committed relationship, infidelity is left to encompass all other forms of cheating. Merriam-Webster defines it as a romantic or sexual relationship with someone other than your spouse or partner.
The passion provoked by adultery empowers the court to exempt from punishment for the crimes of homicide and injury, provided that the following conditions are present: The offense is committed by one spouse against the other spouse whom he or she has caught in the act, or against the lover.
The unfaithfulness of a married person to the marriage bed; sexual intercourse by a married man with another than his wife, or voluntary sexual intercourse by a married woman with another than her husband.
The number one reason why people cheat is a lack of connection in the relationship. Most people do not realize how important creating, maintaining, and nurturing a connection in a relationship is.
This act is not meant to be fleeting, superfluous, or casual…and yes anyone who engages in a 'swinging' lifestyle engages in adultery." Fred Wooden, the senior pastor of Fountain Street Church, responds: "If two people married to others have sex, that is adultery whether their spouses know or consent or not.
: voluntary sexual intercourse between a married person and someone other than that person's current spouse or partner.
While in general there is no law in Texas preventing a person from doing so, it is not a smart idea to date anyone while your divorce is pending before a court. While it may seem harmless, the effects can be long-lasting and extremely detrimental to your case.
Courts Say Sexting and Cyber Sex are Not Adultery
For the most part, no. For one thing, all 50 states have enacted no-fault options, which allow you to get a divorce without proving that your spouse engaged in adultery or some other type of marital misconduct that caused your marriage.
“For some, flirting is infidelity. For others, [cheating is] exclusively sexual acts. For others still, [infidelity is] any emotional closeness that should be reserved for a primary partner or significant other,” says Jeanae Hopgood, a licensed marriage and family therapist from Plymouth Meeting, Pennsylvania.