One of the most difficult and challenging aspects of a family lawcase is that they are, above all else, personal matters. This means that not only will you become engaged financially, relationally and logistically in a family law case but you will be emotionally invested in the case as well.
While I suppose that this is true for any legal matter that you undertake, it is especially true for family law cases. These are personal matters that have become a part of the public record. An awkward and unenviable situation to be placed in.
Why are family law matters so delicate? For starters, I believe that it is because so many areas of our lives are encompassed by these type of cases. For instance, if you are considering a divorce from your spouse just consider for a moment the areas of your life that are impacted by potentially filing for divorce. Your children, your finances, your property, your home, and your business are just a few of the most important areas of life that your divorce will significantly impact.
Spying is in the eye of the beholder when it comes to an unfaithful spouse
If you believe that your spouse is being unfaithful to you it is human nature to want to verify your thoughts by looking into the situation in greater detail. As you begin to consider how to undertake an investigation of your spouse you should know a few things about how the law in Texas relates to this type of activity. To spy or not to spy? Each of us will have our own interpretation if it is worth it after reviewing the following information.
Understandably Texas has laws against invasion of privacy. Each of us gives up some our rights to privacy when we go out into public, so if your spouse is flaunting an extramarital affair at the mall then you and anyone else for that matter have a right to look into the situation.
On the other hand, if your spouse is seeking to keep a matter personal and wants to be left alone in that endeavor he or she has a right to do so. This is true even if it is your spouse.
If you attempt to listen in on a phone call between your spouse and their paramour you are likely in violation of both state and federal laws against wiretapping. Phone calls, as well as emails, are covered by these laws so hacking into an email account or cell phone to get voicemails or emails is against the law.
The old saying will implore you to ask yourself whether the “juice is worth the squeeze”. I would submit to anyone reading this blog that it almost assuredly is not. Any benefit you gain in the short-term by getting unauthorized access to your spouse’s email or cell phone will be short-lived.
What about putting a tracking device on their vehicle?
Anyone who grew up watching spy movies knows at least something about tracking the movements of another person by planting a “bug” on their person or vehicle. This too is illegal under Texas law.
You may track a vehicle that you own, however. Arguing that you are not, in fact, tracking your spouse but instead of just keeping track of a vehicle that you own will be a tough argument to make in court if it comes down to that.
What steps to take if you believe that your spouse is cheating on you
Everyone is going to handle this situation differently. Each of us has a different experience with infidelity and our personal opinions on the subject have been shaped by life experiences. Reading ahead of time what the law is in our state and in our country is a good place to start.
Knowing what the law allows you to do and what it bars you from doing can ensure that you do not act in an illegal manner. Infidelity and adultery are a fault ground that you can cite when filing for divorce in Texas.
This may allow you to win a disproportionate (larger than 50%) share of your community estate. However, if it comes out that the information you used to prove the infidelity was obtained by illegal means your entire case will be tainted and any credit you previously had in the eyes of the judge as the “faithful” spouse will almost assuredly be destroyed.
The bottom line is to learn what steps you can take and what steps you cannot take to prove your assumptions of unfaithful behavior from your spouse. Speaking to a licensed family law attorney is one such step.
Divorce is difficult. Consult with an attorney with the Law Office of Bryan Fagan to learn your rights
You will want to protect your family and your assets while maintaining some degree of normalcy during the course of your divorce. The most valuable aspect of your divorce, by far, will be that of your relationship with your children.
Beyond anything that you do in regard to property, your children will not care how much money you are able to keep or how much is split between you and your spouse. How you treated your spouse throughout the process, despite how you may feel towards them, is what your children will remember.
Whether your case ends like most in mediation or in a trial setting, effective and strong representation is essential. The attorneys with the Law Office of Bryan Fagan strive to represent families like yours with professionalism and diligence. We seek to put you in a position where our experience coupled with your particular circumstances will lead to a positive result for you and your family.
If you have any questions about this topic or any other in the area of family law please do not hesitate to contact our office today. A free of charge consultation with one of our licensed family law attorneys is only a phone call away. Across southeast Texas, families have made the best of less than perfect situations with our attorneys by their side.
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Other Articles you may be interested in:
- The Dirty Trick of Spousal Spying in a Texas Divorce
- Cell Phones, Mail, Computers, Spying on your Spouse, and Privacy Rights in a Spring, Texas Divorce
- Is Adultery a Crime in Texas?
- When is, Cheating Considered Adultery in a Texas Divorce?
- Sex, Lies, Rock-and-roll, and Adultery in a Texas Divorce
- Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
- My Spouse Has Accused Me of Adultery in my Texas Divorce and I Haven't
- 6 things You Need to Know Before You File for Divorce in Texas
- Texas Divorce Morality Clause: Be Careful What You Ask For
- What does Insupportability or No-Fault in a Texas Divorce Mean?
- The Simplified Process for an Uncontested Divorce in Texas
- Explaining the Contested Divorce Process in Texas
Law Office of Bryan Fagan | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.
Our divorcelawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles divorcecases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.