Adultery FAQs


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


    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?


    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.