If a wife has a sexual relationship with another man after filing for divorce and moving out, is this adultery?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.