If a wife has a sexual relationship with another man after filing for divorce and moving out, is this adultery?

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If a wife has a sexual relationship with another man after filing for divorce and moving out, is this adultery?

Approximately 6 months after filing for divorce and having a relationship with another man, the wife is having divorce papers served. She claims that she didn’t commit adultery since she had already moved out when she began the relationship. Yet she and her husband were still been legally married at that time.

Asked on March 25, 2011 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes this is still adultery if the person having the relationship is still legally married.  In TX, sexual conduct with another person other than your spouse is considered adultery even though you and your spouse have separated, and even though you didn't meet the person until after your separation.  Under state law, it can be a factor to be considered in a divorce case.  The fact is that TX is a no-fault state, which means a person can file for divorce without giving a reason.  However if there is a reason, such as adultery for example, the petitioner can file for divorce on that ground.  Accordingly, adultery (if proved) will be considered in determining the division of property.  At this point, you should consult directly with a divorce attorney in your area.


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