How To Prove A Texas Divorce – Fault – Adultery Claim
In Texas, a claim of Divorce – Fault – Adultery is defined as:
A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse.
It simply means:
Adultery is a fault-based ground for divorce but must be proven with convincing direct or circumstantial evidence.
There are 3 elements of the claim:
- Element 1. One spouse has committed adultery. Adultery in a divorce means that one partner has been unfaithful, which can be used as a legal reason to end the marriage, showing that the trust has been broken and justifying the claim for a fault-based divorce.
Facts that might support this element look like:
* The spouse was frequently absent from home during late-night hours, claiming to be working late at the office.
* The spouse received numerous text messages and phone calls from an unknown number, which were later identified as belonging to a person outside the marriage.
* A private investigator observed the spouse engaging in intimate behavior with another individual at a local restaurant on multiple occasions.
* The spouse admitted to having a romantic relationship with someone else during a conversation with a mutual friend.
* The spouse’s social media accounts showed multiple photos with another person, often tagged in locations that were not disclosed to the other spouse. - Element 2. At the time the suit is filed, either the petitioner or the respondent has been a domiciliary of Texas for the preceding six-month period. To file for divorce in Texas based on adultery, one spouse must have lived in Texas for at least six months before the divorce petition is submitted.
Facts that might support this element look like:
* The petitioner has lived continuously in Texas for the past eight months, establishing residency in the state.
* The respondent has maintained a permanent address in Texas for over a year, demonstrating their intent to remain in the state.
* Both parties have registered to vote in Texas and have participated in local elections during the past six months.
* The petitioner has a Texas driver’s license that was issued more than six months ago, confirming their residency.
* The couple has filed joint tax returns in Texas for the last two years, indicating their shared domicile in the state. - Element 3. At the time the suit is filed, either the petitioner or the respondent has been a resident of the county in which the suit is filed for the preceding 90-day period. To file for divorce based on adultery, one spouse must have lived in the county where the case is filed for at least the last 90 days before the lawsuit is started.
Facts that might support this element look like:
* The petitioner has lived in the county for over 90 days prior to filing the divorce suit.
* The respondent has maintained a permanent residence in the county for the last three months.
* Both parties have registered their vehicles in the county within the last 90 days.
* The petitioner has received mail at their county address for the past three months.
* The respondent has been employed in the county for over 90 days before the suit was filed.
(See Texas Family Code Section 6.003. Texas Family Code Section 6.301.)
If you’re representing yourself in court and plan to assert a claim of Divorce – Fault – Adultery, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex process effectively.
Prove Your TX Divorce – Fault – Adultery Claim
U.S. Civil Cases Only