Legal Question in Family Law in Texas

can i sue my spouses lover who is also married in harris county texas?


Asked on 3/22/13, 11:28 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I believe what you are referring to is "alienation of affection". Unfortunately, the TX legislature eliminated this type of lawsuit many years ago. You can read the TX Family Code which is available on-line for free. Look for Section 1.107. I believe it was eliminated in the State of Texas around 1994.

The book I'm looking at refers to 2 TX cases - Helena Laboratories Corp. v. Snyder from 1994 and Smith v. Smith from Houston 14th Dist.Court in 2004. I've not looked them up to read what they have said. I assume the 1994 case is the "leading" TX case on point.

I hope this answers your question.

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Answered on 3/22/13, 11:47 am


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