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Spousal Spying

Spousal Spying Attorney in Houston

Protecting Your Privacy in Texas

In some relationships, one spouse may spy on their partner to discover cheating or to gain knowledge of information that would hurt them during divorce. Spousal spying not only erodes trust between spouses, it also could have complicated legal ramifications.

The Law Office of Bryan Fagan, PLLC believes that complex legal issues require strategic solutions. Our firm understands that our clients are putting their most personal matters in our hands. We prioritize communication and efficiency to ensure that our clients get the personalized counsel they need during this difficult time.

If you believe your spouse may be spying on you or using personal data against you, contact our spousal spying attorney in Houston. Call our firm at (281) 810-9760 to learn more.

What Is Spousal Spying?

Spousal spying refers to the act of using technology and other resources to gather information or track a spouse. In most cases, a spouse may suspect that their romantic partner is cheating and attempt to find out via hacking their social media, using surveillance devices, or cyber stalking.

The types of technologies used to spy on a spouse include but are not limited to:

  • Drones : Drones provide aerial views of buildings, landscapes, and in some cases, a glimpse through a person’s window. The use of drones in a spousal stalking or spying case is rare, but it does occur.
  • Social Media: Social media sites like Facebook, Instagram, and Snapchat can be used to track a person’s location and/or their interactions with others. If a person suspects their partner of cheating, social media is the easiest and most affordable way to do so.
  • Call Records: Telephone companies often keep call records that include a person’s outbound and inbound calls. In some cases, a person may be able to find evidence of infidelity using these records.
  • Email: Accessing a partner’s email to gain intel is a common technique in divorce scenarios.
  • Search History: Utilizing a person’s search history via a web browser can reveal information about their whereabouts, interests, and concerns.
  • iCloud: iCloud is a personalized database that can be accessed with a username and passcode.

It is important to note that while the methods listed above can be used maliciously, having access to confidential information is not always a bad thing. Some couples allow their partners to freely check their cellphones or share email accounts. If a spouse uses their partner’s email it is not spousal spying unless they have the intention of using the information against the other spouse.

The Impact of Spying on Your Divorce

If your spouse is spying on you, it could impact your case.Texas courts have fault and no-fault filing options for divorce cases. In other words, spouses may choose to file based on insupportability or fault.

Fault options include:

  • Admission to a mental health facility for three or more years
  • Separation without cohabitation for over three years
  • Cruel treatment or abuse
  • Intentional desertion for a year or more
  • Felony conviction
  • Incarceration
  • Adultery

If a spouse discovers evidence of infidelity, they may have grounds to file for a fault-based divorce. Fault-based divorce cases are often contentious, lengthy, and costly. The longer a case continues in the court, the higher the court fees, attorney’s fees, and amount of pain and suffering.

Is It Illegal to Spy on Your Spouse?

Texas allows digital information to be admissible in divorce court, but it is important to understand that some privacy laws prevent specific date from being used in a divorce case. In general, it is illegal to intercept oral or electronic communication from one party if they are unaware of the recording.


In Texas, an invasion of privacy is a willful tort or harmful act committed with the intention to cause harm. This act is not the result of negligence or accident. Depending on the situation, a tortious act can backfire and result in the court removing custody, property, or the right to alimony.

If you are attempting to use confidential information as evidence against your spouse or believe your spouse is spying on you, contact an attorney immediately. These cases can become extremely complicated.

Entrust Your Case to Our Experienced Houston Attorney

At The Law Office of Bryan Fagan, PLLC we understand how emotional divorce cases are and how hurtful spousal spying can be which is why our legal team gives our clients the support and guidance they need during this difficult time.

Our award-winning firm can provide the aggressive representation and compassionate advocacy you need during divorce. We give each client the one-on-one attention they need to create individualized case strategies with their best interests in mind.

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