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Don’t Succumb to Spousal Spying


No matter how you put it, a divorce is not going to be easy, nor will it be anywhere near fun. Imagine, all the hard work and effort you exerted into your marriage just down the drain? That would just seem like a waste.

There are countless possible causes to why a marriage comes to a divorce. Especially if it was caused by cheating, money gambling, spending problems, substance addiction, abuse, etc. However, even despite all the suspicions that may arise during this rocky times, you should never ever attempt to spy on your spouse, because whatever you do might be used against you when your divorce is up on the court facing trial.

Spousal Spying is Wrong

Texas Law counts spousal spying as an illegal act that may result in charges banking on invasion of privacy. Even if some of these look harmless, they can be counted as privacy invasion and may be used against you by not being accepted into court because it was wrongly acquired. Below is a list of what constitutes as spying:

  • Monitoring your social media accounts
  • Hiring a private investigator to follow you
  • Tracking your vehicle through GPS
  • Watching you via video surveillance
  • Checking your calls, messages, and mail without permission
  • Recording your calls via bugging your device
  • Looking at and counterchecking your phone bill
  • Unusually following you around

Spying on Spouses is becoming a Trend

A trend here does not mean that it’s being done by everyone, but it almost has. Since technology and mass media is at everyone’s fingers, almost nothing is impossible today. Keeping track of someone’s whereabouts might not be alarming, but for it to be used against you would rather be unusual and bordering on stalker-like tendencies, even if that was not supposed to be the case. 

Suspecting that your partner is doing something he or she shouldn’t be is one thing, but to collate possible data regarding your suspicions through spying on their every move is an invasion of their personal privacy. Especially now that there are more and more gadgets and apps that can be used to track another person’s actions and life, such as bugging devices, trackers, or what not.

It’s understandable, you want to resolve whatever it is that’s been bothering you before you take lawful action, and that may be to confirm your suspicions by looking more closely into your spouse’s life. But it’s a decision you could avoid committing, especially now that you know its consequences. No matter what you do, do not spy on your spouse! If your gut feel is really strong, try talking to your spouse, or better yet, seek professional help from a lawyer to have some guidance. Don’t do anything you might regret in the future!

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at timothy.hutton@austintexaslegal.com

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