Can I have someone spy to catch my cheating spouse?

Before deciding to have someone spy on your husband to catch your cheating spouse in Plano, it’s important to understand how adultery impacts a divorce. If you think your husband is cheating, it’s also critical to know how to prove it.

The Impact of Adultery on a Texas Divorce

Texas recognizes no-fault divorces, meaning it’s not necessary to show wrongdoing to start the process. But adultery is grounds to file a fault-based divorce. It may even affect division of marital property or payment of alimony. A cheating spouse might get less than the other spouse in marital property division, for example.

Keep in mind that alimony is only granted: 

• if a spouse needs it to pay basic expenses;
• cannot work because of a physical or mental disability;  
• cannot work because he or she is taking care of a minor child with disability; or
• in cases of domestic violence.

If the court is granting alimony, it may consider the adultery – on part of the spouse receiving or paying alimony. Talk to your attorney about more specific issues facing your case. Other issues that could influence the court is when the spouse spent some of the couple’s money on the other woman/man which might include jewelry or hotel stays.

In general, adultery won’t affect child custody issues. One possible exception is if the cheating spouse abandoned the children as a result of the affair or if the cheating spouse’s new partner is a danger to the children.

Texas views adultery as voluntary sexual intercourse with someone other than your husband/wife. Circumstantial evidence may be all that’s needed to prove it.

What to Do if You Think Your Husband is Cheating

The legality of having someone spy on a spouse depends on the methods used. Wiretapping is one example. This means using a device to intercept communication. But in Texas it is against the law and could result in second-degree felony charges. It is illegal not only for someone to do this on his/her own, but also to hire someone else do it.

Remember that circumstantial evidence only has to prove the likelihood of adultery. There are other methods that are less intrusive and don’t put you at risk of committing a crime. Of course, before moving forward with any attempts at proving adultery, ask an attorney if it’s legal.

For example, bank and credit card statements could show purchases made for the other woman/man. Phone records might show how often and how long conversations took place.

Even social media might be useful, since it’s a public forum. Let’s say your spouse posted pictures with the other woman/man. It’s also possible to have a child provide testimony of seeing them together, though many couples prefer not to involve the children.

There are many different ways of proving adultery. But discuss these with your divorce attorney before proceeding. Also keep in mind that adultery ultimately might not matter in the divorce. If there aren’t assets (or they’re limited) and there’s no chance of alimony, it could be pointless to dredge things up and a more straightforward divorce may be preferable.

Get Legal Advice from a Divorce Attorney

Sometimes emotions get in the way of a pending divorce. But strong emotions could result in more harm, in more ways than one. This is why it’s important to understand your options and rights. Talk to an attorney at Warren & Migliaccio if you are in need of legal assistance with your divorce: 888-584-9614.