Legal Question in Family Law in Texas
Infidelity and civil/family law
my question is if there are any civil laws about infidelity/adultry? in particular can a spouse sue his spouse and/or his/her spouse's lover for adultry or thing else that might come of the adultry - i.e. emotional pain and suffering, etc. also what proof of such infidelity is needed in order to do so? additionally, what are the laws/codes governing if a married couple is temporarily living apart, taking a break but still married, and the adultry happens during that period of time, or the proof of the adultry is collected during this period - the adultry started before this period of living apart and was know of, but the proof was not collected until this period of time?
1 Answer from Attorneys
Re: Infidelity and civil/family law
Suing the lover was eliminted in Texas many years ago. It was known as "alienation of affection".
Adultery comes into play regarding property division.
Of course, if the spouse had sex in another room while "watching the children" it could be considered in regard to visitation since he/she might have "endangered" the child by not "watching the children". Also, if the kids were in the room at the same time the people were having sex (yes it does happen!) that would be considered too.
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