Texas has no-fault divorce laws that allow persons to file for divorce based on no other reason than the fact that they are no longer compatible with their spouse. However, the state also allows persons to file for divorce based on fault. One of the grounds for divorce is adultery.

The spouse alleging the other cheated must prove it. Even if you cannot prove adultery, the court will still likely grant a divorce. They will require sufficient proof of an illicit relationship for the adultery to have any influence on the financial aspects of a divorce. In other words, your spouse’s adultery can affect not only alimony payments, but also the division of assets in your divorce.

If you suspect that your spouse is cheating on you, get in touch with a divorce lawyer at the Law Office of Julie Johnson in Dallas and get advice on your next course of action.

Proof of Cheating in a Relationship 

In order to prove that your spouse was in an adulterous relationship, you can present the following types of evidence. 

  • Cell phone records
  • Credit card bills showing gifts purchased for the other woman
  • Bank statements
  • Emails and text messages that indicate an illicit relationship between your spouse and the other woman
  • Photographic evidence of the relationship
  • Video footage


The court may not require proof of the actual sexual relationship. You may be able to present circumstantial evidence. Any of the above evidence can be circumstantial evidence because they indicate the existence of a relationship, even if they do not prove a sexual relationship.

All of these pieces of evidence point to a possible sexual nature of the relationship, and the court may find that sufficient to establish adultery. However, avoid doing anything illegal like recording phone calls or breaking the law in any way to obtain proof of the adulterous relationship.

How a Dallas Family Law Court Will View Adultery 

A family court judge in Dallas may have substantial discretionary powers when it comes to decisions related to division of assets and alimony payments. Spousal adultery can influence how the judge handles the financial aspects of a divorce.

For example, if your husband cheated and is requesting alimony from you, you may find that the judge does not even consider his request. He may also receive a lower share in the division of assets than he otherwise would.

If you suspect your husband has cheated and wish to pursue a divorce, get in touch with a divorce lawyer in Dallas before you discuss the matter. Call attorney Julie Johnson at 214-265-7630 to discuss your case or fill out our online contact form.