Unfortunately, in some relationships, one partner may resort to spying on their spouse. If you suspect that your spouse or significant other is cheating on you, it can deal a significant blow to the level of trust between you both. Whether the relationship can continue often hinges on some form of intervention or direct questioning about the infidelity. Few people can sustain a relationship where they believe their partner is cheating, whether it’s in a marriage or a dating relationship.
In the world of Texas family law, this is a question that typically arises more so in divorce cases than in child custody cases. The reason is that cheating and infidelity typically do not factor into child custody cases to the extent that it does and a divorce. In divorce cases, cheating and infidelity that only impact conservatorships discussions if you have children but also issues related to the division of your community estate. For example, what if your spouse spent a great deal of money on their significant other? Buying gifts, trips, and things of this nature could have resulted in a wasting of community assets and a great blow to the finances of your family. This is in addition to the psychological in emotional components of cheating.
We are likely all familiar with television and movies where one person suspected another of cheating on him or her. Sometimes the plot line of the movie or television show revolves around the innocent partner going to extreme lengths to determine whether or not cheating is occurring. Dressing up, hiding out, and generally going to a lot of trouble to determine whether cheating was going on can be entertaining for us as viewers but in real life can be disheartening to have to experience.
Admissibility of evidence in divorce: understanding infidelity proof
In a divorce scenario, the assumption for most people that I have encountered as an attorney is that if you can discover proof of infidelity or adultery in a marriage this proof certainly assists you in gaining an advantage in your divorce. However, while this can be true, it is not always the case. In some circumstances, the evidence that you acquire may tend to show that adultery has occurred. You and your attorney need to focus on determining the admissibility of this evidence in your court case and whether it can strengthen your arguments.
Much of the time, evidence that you obtain during a divorce regarding infidelity could be determined to be admissible by a family court judge. This means that the evidence that has been discovered may not pass certain thresholds in terms of being able to make its way into the official evidence of your case. There are lots of reasons why this may be true. Today’s blog post is not going to focus on why evidence may not be able to make its way into admissible evidence in your divorce.
If you have questions about the admissibility of certain evidence, you have dug up then you should contact the attorneys with the Law Office of Bryan Fagan today. We can talk to you about your divorce, and your circumstances and discuss the admissibility of evidence in a divorce. Specifically, we can focus our attention on what a family court judge but likely rule regarding the evidence that you have in your possession showing infidelity.
Tracking a spouse: ethical & legal considerations
On the other hand, the subject of today’s blog post is going to be based on what technology is available currently to keep track of a spouse who may be cheating on you. The blog post could be written from the opposite vantage point as to what technology is your spouse using to monitor your habits and keep track of you in your daily life. Whatever vantage point is more appropriate for you in your relationship is how you should view today’s blog post.
Our office does not specifically endorse any of these methods. Rather, we are simply pointing out that there are technological advantages that you can avail yourself of currently. Hooking up paint cans to the rear bumper of your spouse’s vehicle and poking a hole in the bottom to show where he or she goes at night is no longer necessary. However, there are moral, ethical, and legal objections that can be made to these types of data collection and tracking that we are going to go through today. Ultimately, you come on your family and your attorney needs to be comfortable with the evidence that you procure using these methods.
Given our diverse situations and perspectives on ethical and unethical behavior, it’s likely that we’ll have varying positions on this subject. However, we aim to highlight intriguing methods people use for surveillance. For legal inquiries about evidence or tracking methods, reach out to the Law Office of Bryan Fagan. Our licensed family law attorneys offer free consultations six days a week in person, over the phone, or via video. These sessions provide insights into Texas family law and how divorce or child custody cases may affect your family circumstances.
To spy or not to spy, that is the question
For some of you reading this blog post, the idea of tracking or spying on your spouse gives you a sick feeling in your stomach. Marriage is supposed to be built on a foundation of trust and if you have misgivings about the behavior of your spouse then you may feel like you are already in a losing position. This is before you utilize any of the information that you can find in this blog post or any other news article on the Internet. Your marriage was supposed to be one where any problems you faced were faced together in a collaborative environment with your spouse. Finding yourself reading a family law blog post regarding spying on your spouse is not exactly where you envisioned your relationship ending up.
Collecting evidence: balancing legal and emotional considerations
Still, others reading this blog post likely have fewer misgivings about learning as much as they can about spousal spying and keeping tabs on a spouse. For example, you may have been cheated on earlier in your relationship and now are looking to build a divorce case. It is a reality in many relationships where you may have overlooked or even forgiven your spouse for cheating on you previously only to find that over months or years that recollection of the cheating never got any easier for you in that you are forgiveness may have been temporary.
With that said, it may have been easy for you, relatively speaking, to forgive your spouse at the moment but long-term forgiveness may have proven to be difficult. As a result, rather than forgiving with little hope of reconciliation, you are now trying to build a case for divorce to protect yourself and your young children.
No matter what side of the debate you fall on, what we ask ourselves in this blog post is to what extent you can start to collect data and information on your spouse. There are likely legal considerations to this discussion such as what methods are illegal in which ones are permitted by law both in the United States and in Texas specifically.
Choosing effective and budget-friendly methods for spouse monitoring
On top of that, we also need to consider your budget, level of know-how when it comes to technology, and the methods that are available to you. Simply put, which method would be most effective for you or your spouse to utilize when it comes to collecting the information? This would seem to be an important factor when determining when or even if to utilize one of these data collection methods. It is not enough to want to or be willing to spend money to keep tabs on your spouse. The reality of the situation is that if you are going to go through the effort to try to do so then you will want your efforts to produce something tangible.
Today we will walk through some of the more common and budget-friendly methods of monitoring your spouse. The information contained in today’s blog post is, again, not an endorsement of any of these methods. Our attorneys do not encourage our clients to utilize methods like this in their divorce and frankly, it is not commonplace to see people use these types of methods to collect evidence of any wrongdoing in a divorce case. However, I think it is an interesting subject, to say the least, and you do see it happen in divorce cases from time to time. With that said, let’s walk through some of these more evolved ways of information and data collection that may become a part of your and your spouse’s divorce case.
Using drone technology
I’m not exactly sure when drones became more visible and commonplace in our society, but it seems like everyone has a family member or friend who is into drone technology. Drones allow you to take photographs of landscapes, real estate, and other targets remotely. The operator of the drone would have a remote control on the ground and send the drone up into the sky. Of course, drones also have military and non-information collection uses, as well. However, we will focus our attention on how drones can be used to collect data in the context of a divorce case.
Drone surveillance in divorce
Hooking a camera up to your drone and then flying the drone into the skies is not uncommon to see currently. Many people in our area operate successful businesses where they will take photographs of real estate, for example, for real estate companies or people trying to sell their homes. There are also elements of drone technology that you can use in a divorce. There are drones and other small aircraft that have built-in cameras used for the express purpose of taking photographs. The degree to which the photographs are clear where the availability to have video taken from the skies depends largely on your budget and the drone that you attempt to use.
Bear in mind that most people who fly drones will tell you that there is a steep learning curve when it comes to using particular types of technology like this. It can be difficult to simply go on the Internet, purchase drone technology, and then immediately deploy it to benefit you in a divorce. We would also need to consider the situations where utilizing this technology is beneficial. For example, hiding out in your neighbor’s backyard and flying a drone over your home where you suspect your spouse is having an affair sounds good in theory but in practice, it could be obvious that a drone is hovering above the house during these rendezvous sessions. As a result, you may want to rethink your methods of information collection.
Considerations before drone purchase
Additionally, jumping online or going to the store to purchase a drone may not be in your budget. The last thing you want to do is spend a substantial chunk of money on a drone only to find that it was not able to collect the information that you desired or that the information collected was not admissible in a courtroom. The result would be you have to justify to your spouse how and why the money spent on the drone was utilized. Therefore, this would seem to be a much better option for those of you who have the technology already available to you. Purchasing an expensive drone for the specific purpose of obtaining information about your spouse does not necessarily make sense for many of us.
Keystroke technology
In the realm of marital infidelity, technology plays a significant role, with computers and cell phones being common tools for cheating spouses. The pandemic has intensified this trend, as increased social media usage offers ample opportunities for indiscretions. Surprisingly, a significant portion of marital infidelity cases stems from innocent social media interactions that escalate into affairs. Consequently, monitoring social media activity has become crucial in divorce cases. While not every online interaction indicates infidelity, it’s prudent to keep a close eye on your spouse’s online behavior, especially if they’re not regular internet users. Engaging in an open, informal conversation about social media usage can help address any concerns and potentially unearth legitimate worries.
However, before resorting to surveillance methods, prioritizing open communication can often resolve issues. Yet, if necessary, there are various technology-based solutions available. Keystroke logging software and external devices can discreetly track computer and cellphone activity, providing insights into potential infidelity. It’s essential, however, to approach such methods with caution, as trust and transparency remain paramount in a marriage. Moreover, it’s crucial to acknowledge that monitoring technology use is a two-way street. Your spouse may harbor similar concerns about your online activities, highlighting the importance of mutual trust and understanding.
Ultimately, navigating marital infidelity and technology requires a delicate balance between vigilance and trust-building. While technology can offer insights into potential issues, fostering open communication and mutual respect is equally essential. By addressing concerns openly and honestly, couples can navigate challenges together, potentially avoiding the need for drastic measures like divorce. However, in cases where surveillance becomes necessary, it’s crucial to approach the matter with sensitivity and respect for privacy boundaries.
Conclusion
The act of spying on your spouse can have profound implications for the trust and integrity of a relationship. Discovering suspicions of infidelity can initiate a challenging journey of questioning and intervention, often leading to difficult conversations and decisions about the future of the relationship. The erosion of trust caused by such actions can be difficult to repair, and many individuals find it unsustainable to continue in a relationship where doubts persist. Whether in marriage or dating, confronting suspicions of infidelity requires courage and communication, with the ultimate outcome dependent on the willingness of both partners to address underlying issues and rebuild trust.
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Other Articles you may be interested in:
- Is Hiring a Private Investigator Worth the Cost in a Divorce?
- What is spousal spying?
- Technology Strikes Again: Shameless Janitor Invades Staff Privacy
- How Social Media Can Hurt You in Divorce
- How to handle a cheating spouse in Texas
- What is a DWOP or Dismissal for Want of Prosecution in My Divorce or Family Law Case in Texas?
- Confidentiality Laws in a Texas Divorce
- Spousal Spying FAQs
- Cell Phones, Mail, Computers, Spying on your Spouse, and Privacy Rights in a Spring, Texas Divorce
- What to do When Your Spouse is Spying on You
- Spousal Cyber Spying: Are You At Risk?
- Spying on your spouse – What to know in a Texas Divorce
- The Dirty Trick of Spousal Spying in a Texas Divorce
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
