Texas does not recognize “legal separation”. A married couple remains married until a Texas judge issues the final divorce decree. Therefore, if the spouses are separated when the adultery occurred, it is still considered adultery by Texas Courts.

What is considered adultery in the state of Texas?

Adultery is not illegal in Texas. Although theres no clear definition in Texas law, generally, courts define adultery as voluntary sexual intercourse with a person besides your spouse.

Can I date while separated before divorce Texas?

If someone wanted to get a fault-based divorce on the ground of adultery in Texas, they can. That being said, the Texas courts can consider dating during divorce “adultery,” even if the couple has separated and is living apart.