Facing the harsh reality of your spouse being unfaithful to you in a marriage can be devastating. In this article, we’ll offer compassionate, practical advice on navigating through the storm of emotions and decisions that come with dealing with a spouse’s unfaithfulness. From understanding your feelings to making informed choices about your future, we’re here to guide you through this challenging time.
Dealing With An Unfaithful Spouse: An Overview
One of the fears that many people I have met during my time as a family law attorney have presented to me is whether their spouse is faithful to them. When you commit to another person, you can only hope they are as willing as you are to do whatever it takes to ensure that your life together is a prosperous and happy one. Unfortunately, not every situation in marriage leads to these desirable outcomes.
This is where the concerns over infidelity and unfaithfulness come into play. You may have been in prior relationships where you have had negative experiences and therefore expect your partner to violate your trust. On the other hand, you may have seen physical signs of infidelity in the relationship being displayed by your spouse. That has caused you to become skeptical of their assertions that they are faithful despite your gut telling you something different.
So, the question that you need to ask yourself before you start to act like a private detective is whether or not it is in your best interest to go into full-on sleuth mode and attempt to catch your spouse in the act of having an affair. Today’s blog post from the attorneys with the Law Office of Bryan Fagan, PLLC, will hopefully shed some light on this subject and help you make a decision one way or the other as to what the best move for you to make is.
What Will a Court Say About Your Attempt to Investigate Your Spouse?
When you are talking about getting into another person’s business, even when that person is your spouse, you are necessarily talking about an invasion of their privacy without their permission. In Texas, it is a crime to intrude into someone’s private affairs without their permission, as everyone has the right to privacy.
For instance, if you access your spouse’s phone calls and listen in without their consent, be aware that you could face legal consequences. Actively recording a conversation or intercepting an email may harm you more than your spouse in any future divorce proceedings.
You may face jail time, court fines, and orders prohibiting the disclosure of information from these conversations if you engage in such behavior. Additionally, you could incur attorney’s fees and court costs. Consider the potential consequences carefully before engaging in this behavior.
What About Attaching a Tracking Device to Your Spouse’s Vehicle?
I think we’ve all seen movies or television shows in which one character manages to slap a miniature tracking device on the undercarriage of their opponent’s vehicle. It should come as no surprise then that reality has begun to imitate fiction. Now that same sort of technology and opportunity has become available to regular, everyday people. What does the law in Texas say about engaging in this sort of act, however?
The fact is that this, too, is illegal. You cannot use a mechanical or electronic tracking device to chart the movement of a person’s vehicle. However, this law does not prohibit you from tracking the whereabouts of a car you own. Meaning that if your spouse is using your vehicle to meet up with their paramour, you can attach a tracking device to your vehicle to keep tabs on where it is going.
What Can You Do (Legally) if Your Spouse Is Unfaithful to You?
Navigating infidelity in a marriage can be a complex and emotional affair, especially when considering legal and safe steps to protect yourself. If you suspect your spouse of being unfaithful, engaging an experienced family law attorney is a crucial first step. They can offer you expert legal advice tailored to your situation.
It’s important to understand that certain actions might seem helpful but could be legally problematic. For instance, capturing photos of your spouse in a compromising situation might invade their privacy and may not be admissible in court. However, Texas law permits recording a conversation if one party (which could be you) is aware of the recording. This means you can legally record any admission of an affair by your spouse.
If you’re inclined to gather more evidence, searching through your spouse’s trash is a possibility. While this may seem distasteful, it can sometimes yield useful information. Remember, people going through challenging divorces often find themselves taking unexpected measures.
In the digital realm, if you stumble upon incriminating text messages, taking a screenshot or photograph of these messages is a wise move. These can be used as evidence in court proceedings, but it’s essential to consult with your attorney on how to document this evidence effectively.
Always remember, while these measures can be taken, it’s essential to prioritize your emotional well-being and legal safety above all else.
Consider How Valuable the Evidence You Are Attempting to Accumulate to You and Your Case
Before engaging in the risky task of gathering evidence of your spouse’s infidelity, understand that infidelity alone, unless it depletes community assets or harms your relationship with your children, does not automatically resolve all divorce-related issues. Informing a judge about your spouse’s unfaithfulness does not guarantee you will receive all marital property or that your children will stay with you indefinitely.
However, if your spouse repeatedly commits infidelity, uses community funds for gifts for their lover, or neglects parenting duties to spend time with the other person, a judge may award you a larger portion of the community estate. Spousal support and child visitation rights may also be at risk in cases involving infidelity. To understand these issues better, consulting an attorney is advisable.
Questions about the role of infidelity on a divorce in Texas? Contact the Law Office of Bryan Fagan, PLLC
The attorneys with the Law Office of Bryan Fagan, PLLC, offer the sort of dependability, advocacy skills, and toughness that you need to be successful in your divorce or child custody case.
We can set up an appointment for you to meet with one of our licensed family law attorneys by contacting our office today. A consultation is free of charge and is available six days per week. We proudly represent clients across southeast Texas and would be honored to do the same for you and your family.
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.
