Texas Codes
Tex. Fam. Code § 6.003 (2026)
Adultery
✓ current as of May 2026
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Sec. 6.003. ADULTERY. The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Notes of Decisions
Cited in 17
cases (6 in the last 5 years), 2001–2026 · leading case: Clayton v. Richards, 47 S.W.3d 149 (Tex. App. 2001).
Clayton v. Richards, 47 S.W.3d 149 (Tex. App. 2001). “On the other hand, if Richards had supplied technical support for a court-ordered surveillance, for example, wiretapping, his acts would be viewed as the agent of a principal doing a nontortious act. The Family Code of the State of Texas is supportive of a monogamous…”
In the Matter of the Marriage of C.A.S. & D.P.S., 405 S.W.3d 373 (Tex. App. 2013). “” Tex. Fam.Code Ann. § 6.003 (West 2006). Adultery means the “voluntary sexual intercourse of a married person with one not the spouse.”
Juan Ayala v. Blanca Edit Ayala, 387 S.W.3d 721 (Tex. App. 2011). “This is more than a scintilla of evidence in support of the trial court’s finding of cruelty as a ground for divorce.”
Munzer Adel Mohammed v. Shaun Rochelle Mohammed (Tex. App. 2024). “See Tex. Fam. Code Ann. § 6.003 (stating that the trial court may grant a divorce in favor of one spouse if the other spouse has committed adultery), § 6.”
in the Matter of the Marriage of Lisa Mozley & William Mozley, & in the Interest of F.M., a Child (Tex. App. 2016). “This is sufficient evidence to support the granting of the divorce based on insupportability.”
Henry Leonard Maher v. Cynthia June Maher (Tex. App. 2016). “See TEX. FAM. CODE ANN. § 6.003 (Vernon 2006).”
Brentley Wayne Hrncirik v. Bobbye Gail Hrncirik (Tex. App. 2016). “Since fault is the only factor challenged by Brentley in his argument that the trial court erred in dividing the community estate, we will address his legal and factual sufficiency issue first.”
Noel Cotton v. Elizabeth Cotton (Tex. App. 2017). “See TEX. FAM. CODE ANN. § 6.003 (West 2006). The circumstances of each marriage dictate what factors should be considered in division of the marital estate.”
Michael Mikhael Gerges v. Jennifer Elaine Gerges (Tex. App. 2020). “ISSUE THREE: THE FINDING OF ADULTERY In his third issue, Husband contends that the trial court erred in granting the parties’ divorce on the grounds of both adultery and insupportability, asserting that the evidence presented at trial 23 was both legally and factually…”
Kaitlyn E. Oliver v. Philip David Oliver (Tex. App. 2020). “—Fort Worth Feb. 27, 2014, no pet.) (mem. op.”
in the Matter of the Marriage of Colleen Elaine Hottinger & Chase Matthew Hottinger & in the Interest of C.R.H. & C.H., Child. (Tex. App. 2021). “” TEX. FAM. CODE ANN. § 6.003. Adultery means the “voluntary sexual intercourse of a married person with one not the 3 spouse.”
John Michael Fitzpatrick v. Deborah Lynn Fitzpatrick (Tex. App. 2023). “In reviewing the evidence for factual sufficiency, we must give due consideration to evidence that the fact finder could reasonably have found to be clear and convincing and then determine whether, based on the entire record, a fact finder could reasonably form a firm conviction…”
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