what is the legal definition of cheating in the state of texas

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Duane L. Coker

Duane L. Coker Avvo Pro

Contributor Level 4
I'm not sure I completely understand your question, so this answer might not be what you're looking for here.

In Texas, most divorces, assuming your talking about divorce, are granted on the no fault grounds of "insupportability". That said, you can allege other fault-based grounds for divorce, one of them being "adultery". This is what most people refer to when they refer to "cheating". I've seen many types of conduct alleged to constitute adultery, but it is normally based on a sexual relationship with someone other than your spouse during marriage.

Fault is usually alleged in a divorce case as a means of achieving something other than an equal property division (a reason to receive more than 50% of the community property). Depending on the jurisdiction, and even the Judge of the Court your case is filed in, adultery may be looked upon as a significant reason to deviate from an equal division or not. Every case is different. It is more common to see an unequal division when the "cheating" spouse has spent a significant amount of community property on the boyfriend or girlfriend, rather than seeing an unequal division just because there was adultery involved.

Hope this helps. If you are considering divorce, or in the middle of one, you should visit with a good family lawyer in the county in which you live. He or she can give you more specific information about how adultery might affect your case.
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