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Is Adultery a Crime in Texas? No. Adultery is not a crime in Texas. The Texas Penal Code contains no law that makes having an affair a criminal offense. That means no arrest, no criminal charges, no fines, and no jail time—for your spouse, for the person they had an affair with, or for you.
People come to this question from very different places, but they are usually looking for certainty. Some are worried because they had an affair and want to know whether they could face criminal consequences. Others have just learned their spouse was unfaithful and hope Texas law provides some form of punishment. If you’re wondering whether the police can get involved, the answer is no. But if you’re wondering whether adultery can affect a divorce, property division, child custody, or other family law issues, the answer becomes much more nuanced.
At The Law Office of Bryan Fagan, PLLC, we have guided Texas families through these difficult conversations for years. Founded by Bryan Joseph Fagan, a graduate of South Texas College of Law, our firm believes that understanding the law is the first step toward reclaiming peace of mind during one of life’s most difficult transitions. The legal system cannot undo the pain an affair causes, but it can provide a path forward that protects your rights, your children, and your future.
In this article, you’ll learn what adultery actually means under Texas law, why cheating and adultery are not always the same legal concept, what conduct can become criminal, how adultery may affect property division, spousal maintenance, and child custody, when evidence of an affair matters, and why protecting your children’s stability—including their emotional well-being and academic success—often becomes one of the most important issues in a Texas divorce.
The Short Answer
No. Adultery is not a crime in Texas — the Texas Penal Code contains no offense of adultery, so there is no prosecution, fine, or jail time. It is a civil matter. Adultery is a recognized fault ground for divorce under Family Code §6.003, and it can affect how a court divides the marital estate. Bigamy is a separate matter and is a felony.
Key Takeaways
- No Penal Code offense exists. Adultery is not charged, prosecuted, or punished as a crime anywhere in Texas.
- “Cheating” and “adultery” are not the same thing legally. Adultery has a specific meaning; a great deal of what people call cheating does not meet it.
- Bigamy is a crime. Marrying or holding yourself out as married to a second person while still married is a felony — a genuinely different act from an affair.
- The military is the real exception. Service members can face action under the Uniform Code of Military Justice for conduct civilian courts will not touch.
- No, you cannot lawfully harm anyone over it. The old Texas statute people still cite was repealed in 1973.
- Not criminal does not mean without consequence. Adultery is a fault ground for divorce and can influence the division of the marital estate.
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Is Cheating Illegal in Texas?
This describes the general structure of Texas law, not a legal opinion about your situation.
No — and it is worth separating the two words, because they do not mean the same thing in a Texas courtroom. Neither is criminal, but only one of them has a legal definition that matters.
Adultery is a defined legal term. Texas Family Code §6.003 makes adultery a ground for divorce, but the statute does not define the word. The definition comes from case law, and it is narrower than most people expect: voluntary sexual intercourse by a married person with someone who is not their spouse. That is the test a court applies.
“Cheating” has no legal definition at all. An emotional affair, months of messages, a dating-app profile, a relationship that never became physical — all of it can be devastating, and none of it is adultery in the legal sense. A judge asked to find adultery is being asked to find a specific act, not a pattern of betrayal.
Emotional affairs, secret texting, dating apps, and inappropriate online relationships can all be devastating to a marriage. None of them is automatically adultery under Texas law simply because it involves infidelity.
This distinction matters practically. People come in certain their spouse committed adultery, with a phone full of evidence that proves something real and legally irrelevant. It can still matter to a court as part of the wider picture, but it will not establish the fault ground. That is a conversation worth having before you build a case around it.
How is adultery proven?
Because adultery is a civil question rather than a criminal one, the burden of proof is different from anything a prosecutor would face. A Texas court may consider both direct and circumstantial evidence. Messages, photographs, travel and hotel records, financial records, admissions, and witness testimony can all become relevant depending on the circumstances.
What matters is that the evidence supports the legal definition rather than simply showing that a marriage was in trouble. A phone full of affectionate messages establishes something; it does not necessarily establish adultery. We go into proof in far more detail in what effect adultery has on a Texas divorce.
Some spouses hire private investigators at this stage. Whether that is money well spent depends less on whether an affair can be documented and more on whether documenting it actually advances your legal strategy — which is a question worth asking before you write the check, not after.
Remember
Neither adultery nor cheating is criminal in Texas. The difference between them matters for a divorce, not for a police report.
Can You Go to Jail for Adultery in Texas?
No. There is no offense to be charged with, so there is nothing to be arrested for, no case for a prosecutor to bring, and no sentence a judge could impose. This holds regardless of how long the affair lasted, whether it produced a child, or whether it happened in the marital home.
The only realistic way someone ends up facing criminal charges in the aftermath of an affair is by doing something else — assaulting a person, damaging property, making threats, trespassing, or accessing accounts and devices without authorization. Those are ordinary crimes that happen to have been provoked by an affair, and the provocation is not a defense.
Those adjacent offenses are worth naming, because readers routinely assume they fall under some adultery law and they do not. Each is a crime in its own right, entirely independent of anyone’s marriage:
- Stalking and harassment — repeated unwanted contact, following someone, showing up where you have been told not to.
- Unauthorized access to accounts or devices — reading email, messages, or cloud storage you have no authority over, whoever it belongs to.
- Unlawful recording or interception — recording conversations you are not part of, or installing monitoring software.
- Unlawful disclosure of intimate images — sharing private photographs of someone without consent.
- Identity theft or fraudulent use of information — opening accounts, impersonating someone, or using their information to gather evidence.
- Assault, criminal mischief, and trespass — the confrontation offenses, which are the most common of all.
None of these is an adultery law. All of them are charged every year against people whose only motive was a marriage falling apart, and being the wronged spouse is not a defense to any of them.
Warning
The person most likely to face criminal charges after an affair is the wronged spouse, not the unfaithful one. Confronting someone physically, installing tracking software, reading accounts you are not authorized to access, or stalking a person by showing up where you have been told not to go are all things a furious and sympathetic person does — and all things that can be charged.
Did You Know?
People often assume they can obtain a police report to prove an affair. Because adultery is not a criminal offense, there is usually no report to obtain — no officer took a statement, no case number exists, and nothing was filed. Proof of adultery is gathered through a divorce case, not requested from a records department.
What Is a Crime: Bigamy
Bigamy—not adultery—is the crime under Texas law. If you’re asking “Is Adultery a Crime in Texas?”, the answer is no. While adultery is not a criminal offense, Texas Penal Code Chapter 25 makes bigamy a felony. Although people often use the terms interchangeably, they describe two very different legal issues with very different consequences.
The distinction is not about whether someone was faithful—it is about marriage. Bigamy occurs when a person knowingly enters into or purports to enter into a second marriage while a prior marriage is still legally valid, or lives with another person while representing themselves as married before the first marriage has legally ended. Marriage—not cohabitation—is the defining element. An affair, no matter how long it lasts or whether the couple lives together, does not become bigamy simply because the relationship resembles a marriage.
Many people also assume that every act of cheating legally qualifies as adultery. Texas family law is much more precise. Courts apply a specific legal definition of adultery when evaluating a fault-based divorce under Texas Family Code §6.003, and that definition is considerably narrower than the everyday meaning of “cheating.” To better understand where Texas courts draw that line, read When Is Cheating Considered Adultery in a Texas Divorce?.
The consequences of bigamy are far more severe than the civil consequences associated with adultery. A conviction may result in substantial fines, years of imprisonment, and additional criminal penalties depending on the circumstances. In straightforward divorces, the legal questions usually involve whether infidelity affects property division or another aspect of the divorce. In more complex cases, where there is evidence of a second marriage before the first legally ended, the matter may extend beyond family court and into the criminal justice system.
Understanding this distinction helps separate common myths from Texas law. Adultery may influence a divorce, including issues involving property division or fault-based claims, but it does not expose someone to criminal prosecution. Bigamy is a separate criminal offense with its own legal requirements, and recognizing the difference can help you make informed decisions while protecting your rights, your family, and your future.
The Military Exception
There is one important exception to the general answer to “Is Adultery a Crime in Texas?”—the military. For civilians, adultery is not a criminal offense under Texas law. However, members of the U.S. Armed Forces are also subject to the Uniform Code of Military Justice (UCMJ), which can impose disciplinary consequences for certain types of extramarital conduct. If you want to separate common myths from the law that actually applies, read What Everyone Gets Wrong About Adultery and Texas Divorce Laws.
The important distinction is that these consequences arise under federal military law—not Texas criminal law. Depending on the circumstances, conduct that undermines good order and discipline or brings discredit upon the armed forces may result in administrative action, loss of rank, adverse career consequences, or separation from military service. The applicable military rules have changed over time, so it is important to rely on the current UCMJ rather than outdated information or stories shared by other service members.
Nothing about wearing a military uniform changes Texas law. A civilian and an active-duty service member could engage in the same conduct, yet only the service member might face disciplinary action under military regulations. That does not mean adultery becomes a crime in Texas. It remains a civil issue under Texas family law, even though it may carry additional consequences within the military justice system.
In straightforward civilian divorces, the analysis typically ends with whether adultery affects issues like property division or fault-based divorce under Texas Family Code §6.003. In more complex cases, particularly when military service is involved, additional legal considerations may affect retirement benefits, military careers, family support obligations, and divorce strategy. Understanding how military regulations intersect with Texas family law can be just as important as understanding the Texas Family Code itself.
If you or your spouse serves in the military, avoid assuming that the general rules applicable to civilians fully answer your questions. Military divorces often require careful consideration of both Texas family law and federal military regulations. Identifying which rules apply to your situation early can help protect your rights, your career, and your family’s future.
What Texas Used to Allow, and Repealed in 1973
No version of modern Texas law makes violence legal because of adultery. If you’re asking “Is Adultery a Crime in Texas?”, it is equally important to understand what the law used to say and why that history no longer applies. One of the most persistent myths in Texas family law is that someone can legally harm a spouse or the person involved in an affair after discovering infidelity. That belief is completely false under current Texas law. For a broader discussion of how adultery is treated today, read Adultery and Affairs in Texas.
Before 1973, Article 1220 of the former Texas Penal Code contained a narrow provision that treated certain killings involving adultery as justifiable under limited circumstances. Specifically, it applied when a husband caught another person in the act of adultery with his wife before the spouses had separated. During the 63rd Texas Legislature, that statute was repealed, ending a rule that reflected a very different era of Texas law.
That repeal happened more than fifty years ago. Today, homicide offenses are governed by Chapter 19 of the Texas Penal Code, and there is no exception that makes violence lawful because someone discovered an affair. Regardless of the emotional circumstances, assault, homicide, stalking, harassment, criminal trespass, or other criminal conduct remain prosecutable offenses under current Texas law.
This distinction is more than historical trivia—it has real consequences. In straightforward divorces, emotions often run high after discovering infidelity, but acting on those emotions can create legal problems that are far more serious than the affair itself. In more complex cases, particularly when tensions escalate over children, property, or financial disputes, maintaining perspective and responding through the family court system rather than personal confrontation is essential.
The purpose of Texas family law is not to punish infidelity through the criminal justice system. Instead, it provides civil remedies that address the legal consequences of adultery, including property division and other issues arising in a divorce. Understanding the difference between outdated myths and current Texas law can help protect your freedom, your legal rights, and your family’s future during one of life’s most difficult transitions.
Fifty-plus years separate the law people still cite from the law that actually applies.
Not a Crime Does Not Mean No Consequences
If you’re asking, “Is Adultery a Crime in Texas?” the answer is no—but that does not mean adultery is without legal consequences. Texas treats adultery as a civil issue, not a criminal offense. While an affair cannot result in arrest, criminal charges, or jail time, it can still affect the outcome of a divorce. For a broader overview of how infidelity impacts divorce proceedings, read The Truth About Divorce and Adultery in Texas.
Under Texas Family Code §6.003, adultery is a recognized fault ground for divorce. If a court finds that an affair contributed to the breakdown of the marriage, it may consider that fact when dividing community property under Texas Family Code §7.001, which requires a division that is “just and right” rather than automatically equal. We explore this issue in greater detail in What Effect Does Adultery Have on Your Texas Divorce?.
Texas law also recognizes that the financial consequences of an affair can matter as much as the affair itself. Under Texas Family Code §7.009, a spouse who uses community funds to pay for gifts, vacations, hotel stays, or other expenses connected to an affair may face a claim for fraud on the community. In straightforward divorces, proving adultery may not justify the added cost and conflict of fault-based litigation. In more complex cases, especially where significant community assets are involved, documenting how marital funds were spent can have a meaningful impact on property division and settlement negotiations.
It is equally important to understand what adultery does not do. An affair does not automatically make someone eligible for spousal maintenance under Texas Family Code Chapter 8, nor does it determine child custody. Texas courts decide conservatorship and possession based on the best interest of the child under Texas Family Code §153.002, focusing on parenting ability and the child’s well-being rather than punishing marital misconduct.
The strongest divorce cases are often built on objective financial evidence rather than emotional testimony. Bank statements, credit card records, travel expenses, and other financial documents frequently carry more weight than allegations alone. If you’re wondering whether you can pursue legal action against the person involved in the affair, our article Can You Sue a Homewrecker in Texas? explains why Texas law generally does not recognize those claims and where your legal remedies actually exist.
The Distinction That Matters
Texas will not punish an affair. It will account for one. Nothing in the criminal law touches this, and everything useful happens in a divorce court instead.
Common Misconceptions
Every one of these comes up in my office. None of them is accurate.
✗ Adultery is a crime in Texas.
✗ The police can investigate an affair.
✗ Cheating automatically proves adultery.
✗ Adultery guarantees alimony.
✗ Adultery automatically changes custody.
✗ You can be charged for having an affair.
✓ Adultery is a civil matter in Texas. It is a ground for divorce and it can affect how a court divides the marital estate. That is the whole of it.
Who Handles It From Here
Nothing on this page is a criminal matter, which means the people who need a lawyer after reading it need a family lawyer. Where the situation is contested, or where military service is involved, that work is directed differently within our firm.
Complex, Contested & Military Divorce
Kimberly P. Washington
Senior Managing Attorney · Houston
Kimberly directs complex divorce and appellate strategy across our firm. Where an affair has turned a divorce contested, or where military service puts a different set of rules in play, hers is the judgment the case runs on. Her practice centers on divorce and child custody.
Our attorneys each focus on different aspects of family law. Contested and high-conflict divorces are directed to the attorney whose practice best matches those issues, and cases turning on financial tracing go elsewhere again. We route by the problem, not by who answers the phone.
What I Tell People Who Ask
If you came here wondering, “Is Adultery a Crime in Texas?”, you can set that fear aside. There is no criminal offense, no prosecutor building a case, and no risk of going to jail simply because an affair occurred. Texas law treats adultery as a matter for family court, not criminal court. If you’d like a concise explanation of how Texas law approaches this issue, watch our Adultery Laws in Texas video.
If you came here hoping the law would punish the person who cheated on you, I understand that reaction. The emotional pain of infidelity is real, but Texas has long recognized that criminal prosecution is not the appropriate remedy for a broken marriage. Instead, the law focuses on resolving the practical consequences through divorce—addressing issues like property division, community assets, child custody, and financial fairness rather than criminal punishment.
That distinction matters because the legal questions are different. In straightforward divorces, the affair may have little impact beyond explaining why the marriage ended. In more complex cases, especially when community funds were spent on another relationship or fault-based divorce is being considered under Texas Family Code §6.003, adultery can influence negotiations and the division of the marital estate. The goal is not to punish a spouse for being unfaithful, but to reach a fair result based on the facts and the law.
At The Law Office of Bryan Fagan, PLLC, that is exactly where we focus our attention. Our mission is to help Texans move beyond uncertainty by providing clear answers, practical guidance, and legal strategies tailored to their circumstances. Whether your divorce is relatively straightforward or involves high-value assets, contested custody, or allegations of adultery, understanding what Texas law actually provides is the first step toward protecting your rights, your family, and your future.
Texas will not prosecute an affair. It will price one.
If an Affair Is Ending Your Marriage
The question worth asking is not whether it was illegal.
It is what it means for your divorce — the grounds you plead, how the estate gets divided, and whether community money went somewhere it should not have. That is a conversation with a clear answer.
Schedule a Consultation Call 281-810-9760Read the Law Yourself
- Texas Statutes — search the Penal Code yourself. There is no adultery offense to find.
- Texas Family Code, Chapter 6 — contains §6.003, adultery as a ground for divorce.
- Texas State Law Library — plain-language guides, including the history of the repealed provisions discussed above.
Related Reading
- Can You Sue a Homewrecker in Texas? — the civil side in full: why third-party claims were abolished, how a fraud-on-the-community claim under §7.009 gets built, and what does not qualify.
- Can You Sue Another Woman for Destroying Your Marriage? — whether the identity of the other person changes anything, and what to do when you know exactly who they are.
- Can I Sue My Spouse’s Mistress in Texas? — the emotional-distress question, and why suing for what an affair did to you almost never succeeds.
- Property Division and Enforcement in Texas — where the financial consequences actually live.
Conclusion:
If you came here asking, “Is Adultery a Crime in Texas?”, you now know the answer is no—but you also know that is only the beginning of the conversation. While Texas does not treat adultery as a criminal offense, an affair can have meaningful consequences in a divorce involving property division, financial claims, and, in some circumstances, issues affecting children and their long-term stability. Understanding where criminal law ends and family law begins allows you to make informed decisions instead of emotional ones. That knowledge is often the first step toward protecting your rights and your family’s future.
Every divorce is different. In straightforward situations, clear legal guidance may be all you need to reach a fair resolution. In more complex cases, especially those involving significant assets, allegations of adultery, disputed custody, military service, or claims that community funds were spent on an affair, having the right attorney and strategy can make a meaningful difference. If your case involves high conflict, complicated financial issues, or concerns about your children’s well-being, The Law Office of Bryan Fagan, PLLC has attorneys whose practices are tailored to those specific challenges. Our mission is to empower Texas families through education, compassionate counsel, and strategic legal guidance so you can move forward with greater clarity, confidence, and peace of mind.
About the Author
Bryan Fagan — Founder & Managing Attorney
I founded The Law Office of Bryan Fagan, PLLC, now one of the largest family law firms in Texas, with offices across the state. I have been serving Texas families since 2012. I earned my law degree at South Texas College of Law and hold an undergraduate degree in business and finance. I am the author of several family law guides for Texans, including The Texas Divorce Handbook.
Licensed by the State Bar of Texas. Full profile. For the firm’s broader divorce practice, see Texas Divorce Attorney.
Questions People Ask
No. The Texas Penal Code contains no offense of adultery, so there is no charge, no prosecution, and no jail time. It is a civil matter. Adultery is a recognized fault ground for divorce under Family Code §6.003 and can affect how a court divides the marital estate.
Not in the criminal sense. Nothing in Texas criminal law prohibits it and no one is prosecuted for it. It is legally significant in family law, where it is a ground for divorce and a factor a court may weigh when dividing community property.
No, and cheating is not the same as adultery in legal terms. Adultery means voluntary sexual intercourse by a married person with someone other than their spouse. Emotional affairs, messaging, and dating-app activity are not adultery in that sense, though they may still matter to a court as part of the overall picture.
No. There is no offense to charge, so there is no arrest, prosecution, or sentence. The realistic risk runs the other way: a wronged spouse who confronts someone physically, installs tracking software, or accesses accounts without authorization can face charges for those acts.
No. Infidelity carries no criminal penalty in Texas whatever form it takes. Its legal weight is entirely civil, and it is felt in a divorce rather than in a criminal cou
No. Police enforce criminal law, and adultery is not a criminal offense in Texas. There is nothing to report, no offense to investigate, and no case a prosecutor could bring. Calling the police about an affair will not produce a report you can use, and evidence of adultery is gathered through a divorce case rather than a criminal one.
Yes. Bigamy is addressed in Chapter 25 of the Texas Penal Code and is a felony. It is a different act from an affair — it involves purporting to marry a second person while still legally married, or living with someone while holding yourselves out as married.
Potentially, but not under Texas law. Service members are subject to the Uniform Code of Military Justice, which has treated extramarital conduct as punishable where it prejudices good order and discipline. Consequences can include administrative action, loss of rank, or separation. Get advice specific to military status.
A provision of the old Texas Penal Code once made homicide justifiable in narrow circumstances involving adultery. It was repealed in 1973 and has been gone for more than fifty years. Current homicide law contains nothing of the kind, and no version of discovering an affair makes violence lawful.
No, not by itself. Adultery does not create eligibility for spousal maintenance in Texas — eligibility depends on separate statutory conditions. Where a spouse is otherwise eligible, conduct during the marriage can be among the factors a court weighs in setting the amount and duration, but the affair alone does not open the door.
No. Texas allows no-fault divorce, so you never have to prove anything about your spouse’s conduct to end the marriage. Pleading adultery as a fault ground is a strategic choice: it increases cost, delays resolution, requires additional evidence, and puts painful material into a public record. It is sometimes worth all of that and often not — proving where community money went frequently accomplishes more than proving the affair did.
