How to Prove Cheating in Texas?

Texas is a fault-based divorce state, which means you can file for divorce on the grounds of adultery—but proving it takes more than just suspicion.

So how do you prove your spouse cheated? And does it actually matter when it comes to the outcome?

First: What Is Considered “Adultery” in Texas?

Under Texas law, adultery means voluntary sexual intercourse with someone who is not your spouse. Emotional affairs, texting, or inappropriate messages may feel like betrayal, but they may not legally count as adultery unless there's evidence of a sexual relationship.

 What Kinds of Proof Are Accepted?

You don’t need a confession or a photo of them in the act—but you do need convincing evidence that a sexual relationship likely occurred.

Here’s what courts may consider:

• Text messages, emails, or DMs showing sexual or romantic intent
• Photos or videos of your spouse with the other person (especially in compromising situations)
• Hotel receipts, travel records, or gifts
• Eyewitness testimony from private investigators, friends, or family
• Dating app activity during the marriage
• Social media posts (people overshare!)

Note: You can’t violate privacy laws to get your evidence—no hacking, hidden cameras, or tracking devices without consent. Illegally obtained info may be thrown out.

Does Proving Adultery Affect the Outcome?

It can—especially when it comes to:

1. Property Division

Texas courts aim for a “just and right” division of marital assets. If one spouse cheated and wasted community money on the affair (e.g., expensive gifts, vacations, hotels), the judge may award a larger share of assets to the non-cheating spouse.

2. Spousal Support (Alimony)

A spouse may be denied spousal maintenance if their adultery contributed to the breakup of the marriage.

Please contact us today to determine the best way to navigate your legal options. Book your consultation today to start the process by clicking here or give us a call at 832-844-1677.

Attorney, Ashley Nicole Green is a  family, divorce, and child custody attorney who services clients in Houston, Harris, Fort Bend, Brazoria, Galveston, and Matagorda County! Contact the Law Office of A. Green today to schedule consultation!

You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com