Adultery FAQs

Adultery can have legal consequences in certain family law cases, especially during divorce proceedings. Under family law in McAllen, allegations of adultery may affect property division and case strategy, even though Texas is a no-fault divorce state. Courts in Hidalgo County consider admissible evidence and legal standards when adultery is raised as a fault ground. Understanding how adultery fits into Texas family law can help protect your rights during a divorce.

  • If I need evidence in proving my spouse cheated on me, can I record telephone conversations?

    Texas is a one-party consent state, meaning you may legally record a phone call if you are a participant in the conversation. However, recording conversations you are not part of may violate state or federal law and be inadmissible in Hidalgo County courts. Evidence must be obtained legally to be used in family law cases in McAllen. A family law attorney can advise on lawful ways to gather proof.

  • Recording telephone conversations by wiretapping is a felony. So if you were to record a conversation between your spouse and his supposed lover without their consent would be considered an illegal violation subject to a criminal offense. Recording phone conversations in secret is definitely not an option. However, gathering records of telephone calls is not illegal and can be used for proof of your spouse’s infidelity.

  • Is adultery illegal in Texas?

    Adultery is not a criminal offense under Texas law. However, it can still be raised as a fault ground for divorce in family law cases in McAllen. Hidalgo County courts may consider adultery when determining a fair division of marital property. While it does not automatically affect child custody, it may influence certain divorce outcomes.

  • Read More on Adultery Divorce Cases:

    A spouse who has been unfaithful in a marriage cannot and will not go to prison in Texas, because adultery is not a crime in Texas. However, it is a violation of Texas law and will impact the outcome of a divorce settlement, because adultery is one of the seven grounds for divorce in Texas. It can affect the judge’s ruling on issues such as estate distribution and child custody rights.

    Note: Be sure to provide sufficient evidence that your spouse committed adultery. Otherwise, your claim is invalid.