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The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.

(a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:(1) has been convicted of a felony;(2) has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and(3) has not been pardoned.(b) The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.

The hospital will then file the AOP and/or DOP with the Texas Vital Statistics Unit.

The AOP and/or DOP can also be completed before or after the child is born at a certified entity (such as a local birth registrar or child support office).

Hiring an Attorney Proving Adultery Gathering Evidence Presenting Evidence in Court Community Q&A If you and your spouse are considering a divorce, all courts require you to have a valid reason for getting one.

Adultery is generally a valid reason in the eyes of a court.

If you don’t have a copy of the order, contact the district clerk’s office in the Texas county where the order was made to get a copy.

If you have a copy, make sure it was signed by the judge.

Note: An AOP and DOP signed before the child is born take effect on the day the child is born.

If the husband is not the genetic father of the child (and he does not want to be the legal father), paternity of the child must be established before you can finish your divorce.

Note: In some Texas counties, it’s better to establish paternity before you start your divorce.

Call 1-866-255-2006 to find a certified entity near you.

The certified entity will then file the AOP and/or DOP with the Texas Vital Statistics Unit.

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