A Divorce Mindset – Can I Sue My Husband’s Mistress in Texas? - Reynaldo Garza, III

When adultery happens within a marriage, Texas divorce law firms see many spouses wondering whether a mistress or adulterous partner can be sued in court.

This is a complicated question for divorce lawyers and while the basic response is generally no, there are technically some instances where it could be possible.

While those cases where a spouse could sue a mistress are very rare, divorce attorneys point out that there are other solutions that the Texas courts will consider in light of these types of circumstances.

Can A Mistress Be Sued In Texas?

While divorce lawyers understand how some might believe that the partner involved in an adulterous relationship with their spouse should be held accountable for contributing to the destruction of a marriage, Texas family law does not provide the right to sue that person.

This is due to the fact that adultery is understood to be a voluntary act between both parties involved, not just the third party themselves.

And while many divorce attorneys are asked about Texas’ Alienation of Affection law, properly interpreted that law specifically excludes a spouse from bringing suit against a mistress or romantic third party.

The intent of the Alienation of Affection law is only to permit spouses, in certain situations, to bring suit against their spouses for looking outside of the marriage.

Do Emotional Distress Laws Apply?

In terms of filing a lawsuit on the grounds of emotional distress, it is technically possible to do this under the claim of Intentional Infliction of Emotional Distress, but divorce law firms find it difficult to prove this claim.

This law, which falls under tort law, might be valid in a case of adultery; however, proving that the third party acted with calculated intent to inflict emotional damage is thought by divorce lawyers to be difficult in most cases, if not impossible.

How Does Family Court Look At Cases of Adultery?

Although it may not be possible for a spouse and their divorce lawyer to sue a mistress or other third romantic party specifically for destroying a marriage, the family court does recognize the hardship of the loss of this relationship in other ways.

Spouses whose spouse has committed adultery retain the right to file for divorce under the grounds of adultery, for one.

Secondly, divorce attorneys find that the court frequently weighs in favor of the spouse who has been cheated on in terms of the division of marital property and sometimes with regard to child custody arrangements as well.

Contact A Divorce Law Firm When Adultery Is An Issue

Divorce attorneys understand that while money and property cannot repair the emotional damage that has been done by an adulterous spouse, those that have been cheated on can frequently gain at least some compensation for their loss with extra financial consideration by the court.

It is not possible to sue a mistress/romantic partner in Texas, no matter how unfair that may seem.

Anyone involved in a marriage who suspects that adultery may be going on is advised to contact a divorce law firm that can review the situation and explain the options available for dealing with it.

Experienced Texas divorce lawyers can help spouses file their grounds-based divorce and get the fairest settlement that reflects the adultery being committed against them.