Residents of Hill Country Village often value their privacy and the quiet atmosphere of our north San Antonio community. When a marriage ends, that privacy feels harder to maintain. You might feel ready to move forward with your life and meet someone new. But the legal process in Bexar County moves at its own pace. This timing creates a common dilemma for many of our clients. Sometimes people are surprised to be accused of adultery in court when the divorcing couple have been separated for a long time. We often hear the question: Does dating during a Texas divorce constitute adultery?

The short answer is yes. Under Texas law, you remain married until a judge signs the Final Decree of Divorce. Any sexual relationship with a person who is not your spouse during this time meets the legal definition of adultery. This remains true even if you and your spouse have lived in separate homes for months or even years.  Texas has no “legal separation,” so separation has no effect on the legal status of a marriage in Texas.

Understanding the specific statutes that govern these situations is vital for anyone navigating the local court system. Texas treats marriage as a legal contract. Until that contract is formally dissolved, the obligations of the marriage remain in place.

Defining Adultery Under the Texas Family Code

Texas statutes provide a clear definition of what constitutes adultery. According to Texas Family Code § 6.003, the court may grant a divorce in favor of one spouse if the other spouse has committed adultery. In Texas, courts define this as voluntary sexual intercourse of a married person with someone who is not their spouse.

The law does not distinguish between relationships that started before the divorce filing and those that started after. If the marriage is legally active, the act is considered adultery. Texas is one of several states that still allows “fault” grounds for ending a marriage. While many people choose a “no-fault” divorce based on insupportability, a spouse can specifically plead adultery as the reason the marriage failed. 

Why have “fault” grounds if a couple can get divorced on “no fault” grounds? In Hill Country Village cases, this distinction in the reason for divorce matters. If a spouse proves adultery occurred, it can influence how a judge views the rest of the case. Even if you feel the marriage was over long ago, the law views the timeline strictly. 

The Impact on Property Division

Texas is a community property state. This means the court seeks a “just and right” division of assets and debts acquired during the marriage, as stated in Texas Family Code § 7.001. A “just and right” division does not always mean a 50/50 split.

Judges in Bexar County have the discretion to award a larger share of the community estate to one spouse. Adultery is a factor they often consider when making this decision. If one spouse is found at fault for the breakup of the marriage due to adultery, the other spouse may receive a disproportionate share of the assets. Texas trial judges are very rarely reversed on appeal for their decisions on what is a “just and right” division of property or for their decision on what is in the “best interests” of the children of a divorcing couple. Fault in the breakup of the marriage could influence these decisions.

Financial choices during the dating process also create risks. If you spend community funds on a new partner, the court may view this as “waste” or “fraud on the community.” Examples include:

  • Buying gifts or jewelry for a dating partner
  • Paying for dinners or hotel stays
  • Using shared funds for vacations or travel
  • Paying for a new partner’s rent or bills

Under the doctrine of Texas Family Code § 7.009, a judge can calculate the total value of the community estate that would exist if the fraud had not occurred. This is known as a “reconstituted estate.” The court can then award the wronged spouse an appropriate share of the remaining community estate or a monetary judgment to compensate for the expended funds.

How Dating Affects Child Custody and Conservatorship

When children are involved, the court’s primary focus is the “best interest of the child,” as required by Texas Family Code § 153.002. Dating does not automatically make you an unfit parent. But it can complicate the legal proceedings regarding custody and visitation. The court must balance and consider the Texas policy to encourage both parents to have a relationship with their children versus what is in the best interests of the children. For some judges and juries in Texas, adultery is a factor that is considered to be not in the children’s best interests.

Introducing a new partner to your children while a divorce is pending can be seen as disruptive and confusing for the children. Additionally, judges may look at the character of the person you are dating. If the new partner has a criminal record or a history of substance abuse, your choice to bring them around the children could negatively impact your custody arrangements. Things your dating partner has said or done in the past may become a major issue.

Bexar County judges use a specific Standing Order that applies to all new divorce filings. Section 2.8 of this order specifically prohibits parties from allowing anyone with whom they are romantically involved to stay overnight in the home while in possession of the children. Overnight is defined as 10:00 p.m. until 7:00 a.m. the next morning. Violating this order can lead to being held in contempt of court. Even if the dating partner is never present in the home after 10:00 p.m., the mere fact that the children know there is a boyfriend or girlfriend in existence may have an effect on the outcome of the divorce.

The Role of Evidence in Adultery Claims

Proving adultery in a Texas court requires more than just a suspicion. The person making the claim must provide sufficient evidence to convince the judge. In the modern era, this evidence often comes from digital footprints.

Common forms of evidence used in Bexar County courts include:

  • Text messages and emails
  • Social media posts or “check-ins” at local restaurants or hotels
  • Bank statements and credit card receipts showing expenditures on a third party
  • Photos or videos
  • Testimony from private investigators

Even if you believe your dating life is private, digital discovery is a standard part of the divorce process. Once a divorce is filed, both parties have a duty to preserve evidence. Deleting messages or closing social media accounts during this time can sometimes be viewed as destroying evidence.Text messages that you thought were deleted can be recovered.  Emoji messages can be admitted into evidence. You are not safe from social media even if you or your date never post a photo online because other people may see you in a public place together and post such a photo. 

Strategic Considerations for Residents Near Hill Country Village

Living in a smaller community like Hill Country Village means your actions are often more visible. You might run into neighbors or acquaintances while out on Bitters Road or at the local shops. In a divorce, your public behavior can quickly become part of the legal record.

Waiting until the divorce is final to start a new relationship is often the safest legal course of action. It removes the risk of “fault” claims and prevents arguments over wasted community assets.  As a practical matter, the emotional reaction of your spouse to the fact that you have moved on can greatly hinder any efforts at settlement. If you do choose to date, discretion is key. Avoiding social media and keeping community funds separate from dating expenses can help mitigate some risks, but it does not eliminate the legal definition of adultery.

If you are already in a dating relationship, your new partner may want to help you in your divorce by testifying for you, providing emotional support in court, or gathering evidence for you, but in most cases, the best thing that new partner can do for you is to keep a very low profile and be patient until the divorce is concluded.

The Bexar County court system is busy, and divorces can take months or even years to finalize. Divorces tend to take longer if the person on the other side does not want to be divorced, has wounded pride, or is upset about being rejected. We understand that waiting this long to start a new chapter is difficult. But protecting your financial future and your relationship with your children often requires patience during the litigation phase.

Why Legal Guidance Matters During This Time

Navigating a divorce is rarely simple. The choices you make today regarding your personal life can have lasting effects on your final decree. At South TX Family Law, we help clients understand how Texas statutes apply to their specific circumstances. We focus on providing clear information so you can make decisions that protect your interests.

Our team understands the nuances of the local court system and how Bexar County judges typically handle claims involving adultery and property division. We work to ensure that your side of the story is told clearly and that your rights are upheld throughout the process.

If you are facing a divorce and have questions about how dating might impact your case, we are here to provide the guidance you need. We invite you to reach out to us to discuss your situation.

Contact South TX Family Law today by calling 210-775-0353. Let us help you manage the complexities of your divorce with the professional care you deserve.