Question:
Can a spouse sue a third party in Texas for having an affair with their husband or wife?
Answer:
No. Texas law bars such lawsuits. Under Tex. Fam. Code § 1.106, there is no cause of action for criminal conversation—legal-speak for suing someone for sleeping with your spouse. In Smith v. Smith, 126 S.W.3d 660 (Tex. App.—Houston [14th Dist.] 2004, no pet.), the court confirmed this ban doesn’t violate the Texas Constitution. The “open courts” provision doesn’t guarantee a right to sue for heartbreak. The law closed the door on revenge in court for infidelity. Love may hurt, but in Texas, you can’t sue the lover.