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What to Do When Your Spouse Cheats in Texas


When your spouse cheats, you could feel overwhelmed by so many negative emotions that you might not know what to do. Cheating does not automatically mean a divorce, but it can definitely lead to it. Cheating is a personal matter that is right on top of the most challenging aspects of a family law case. In most family law cases, you will have to be engaged financially and logistically, as well as emotionally. When your spouse cheats, a family case that sprouts from his or her cheating behavior would be extra emotional, which would make the case challenging and at times, awkward.

Why is a Family Law Case Delicate When Your Spouse Cheats?

A family case, in general, affects many areas of your life, not just one aspect. This is why the impact is so huge and you, along with your lawyer should approach the case with caution. Your children will be affected, your spouse, your finances, your home, your businesses and even your relationships. There will be significant areas in your life that will be impacted by a family law case, especially when it’s a divorce. The impact can be huge especially when your spouse cheats.

When your spouse cheats, you will want to verify your suspicions. You would want to find more detail about the alleged cheating of your spouse. As you consider how to investigate your spouse whom you think is cheating, you should know how the laws in Texas can affect your situation of the case.

When Your Spouse Cheats, Should You Spy?

If you are strongly suspecting that your spouse is having an affair, you would be itching for details. You would want to know the truth as soon as possible. Not knowing can be more difficult to handle emotionally.
Before you do something rash, consider that Texas has laws regarding the invasion of privacy. If your spouse is carrying out in public with his or her extramarital affair, then you have the right to see or witness this type of situation. However, when your spouse cheats but he or she is doing it privately, attempting to breach his or her right to privacy could be bad for you legally. It may be frustrating, and it might feel unfair, but that’s how the laws in Texas work.
This means that if you try to eavesdrop or listen in on a phone call made by your spouse to the person he or she is cheating with, you would be violating state and federal laws against invasion of privacy. The same goes with hacking email accounts and phones to access messages and records.

Tracking Your Spouse With a Tracking Device

Putting a tracking device on his or her vehicle when your spouse cheats are something you might be thinking about. It’s easy enough and effective enough on TV and in the movies. However, you must know that in the state of Texas, planting a bug on your spouse’s vehicle. You can consider yourself fortunate if your spouse is driving a vehicle you own because Texas laws actually allow you to track a vehicle you own. You just have to prove in court that you are not tracking your spouse, but instead, you are tracking your vehicle, in order for this action to not work against you. It can be pretty tough to prove that in court though.

If you are thinking of tracking or spying on your spouse when your spouse cheats on you in order to gain evidence to be used in your divorce, you have to be really cautious with the actions you are going to take. A bad move can backfire and you might lose more than what your cheating spouse will.

When Your Spouse Cheats, What Steps Should You Take?

Every situation is different and everyone will handle their own situation a little differently than the others. If you are in this type of situation and you are contemplating which step to take, it would help to know more about the laws that could affect your case. Doing this will help you avoid doing things illegally. When your spouse cheats, infidelity, and adultery can be grounds for your divorce if you are thinking of getting a divorce. When you have these grounds, you might be awarded larger than 50% of your community property.

However, note that if the evidence you have to prove the infidelity that has taken place has been obtained through illegal means, it can destroy your case completely. The most important thing to do is learn which steps are appropriate to take to prove your spouse’s unfaithfulness legally. A good option is for you to consult a family attorney who can advise you on how to obtain helpful information and evidence legally. Your attorney will help you win your case and advise you on the right steps you should take.

What to Do When Your Spouse Cheats

Learn about your rights. Divorce without any grounds is tough enough. When your spouse cheats and you’re getting divorced because of that, your battle is bound to be tougher. With the right knowledge of the laws in Texas and some help from your family law attorney, you’d be able to protect your finances and your family.

It is also important to be careful around your children. How you handle your spouse during the divorce can leave a lasting impact on your children, and you wouldn’t want it to be a negative one. The divorce will be traumatic enough for them.

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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

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