AccurIntel Private Investigations llc

03/23/2019

Here is a list of some of the services we offer:
Divorce
Infidelity Investigations
Covert video surveillance
Child Custody issues
Accident Scene Investigations
Criminal/Civil Matters
Decoy Agents
GPS Tracking
Interview/Interrogations
Proofread Police Reports
Background Checks
Workman’s Compensation Insurance Fraud
Personal Protection

03/19/2019

Can I use a spy camera to catch my spouse having an affair inside our house?

This question points out one of the main reasons to hire a private investigator, to get you court-admissible evidence. Texas recognizes different forms of invasion of privacy, which extend to married people such as intrusion upon a person's seclusion. Texas courts have held that a spouse's actions in making a secretive recording of the other spouse who believes he/she is in a complete state of privacy in an area of the marital home constitute's an invasion of that privacy. In a court ruling, Clayton v. Richards, 47 S.W.3d 149 (Tex. App. 2001) Judge Donald R. Ross pointed out that while Sec. 16.02 of the Texas Penal code pertains strictly to “wiretapping … within the marital home,” and although “the act of videotaping a spouse does not meet the technical requirements to come under the” sanctions of Texas penal code Sec. 16.02, “an individual’s right of privacy is compromised no less from being secretly videotaped than from being secretly recorded. A secret videotape of an individual who presumes to be in a private place is an even greater intrusion of privacy than secretly recorded conversations.”
So due to Judge Donald R. Ross ruling, and his written opinion, no video you might obtain from that hidden camera would be admissible in court, and should you have a hidden camera that records audio, and you have recorded conversations between your spouse and whoever they are with, you could very well be charged criminally. Some clients have stated they just want to know, and won't use the video or voice recording in court. Yes, they could do that, however, if the spouse, spied on by these means, was to ever get possession of the video or audio recording, would it be worth going to jail over, when we could find out if infidelity is taking place by legal means?
Also on a related issue, spy equipment companies on the internet will try and sell voice-activated audio recorders, with instructions of hiding it in areas their spouse may be in, such as in a car, or bedroom, bathroom, with the intent of covertly recording their spouse's conversations. Doing this is a clear violation of Texas penal code 16.02. In Texas, at least one party to the communication must be aware that their conversation with another is being recorded for it to be legally recorded. If you think you might have a hidden camera in a bedroom, bathroom, or any spot that the law recognizes as a place you have an expectation of privacy, feel free to call us for a free consultation. 210-634-2226
https://accurintel.com

03/07/2019

There seems to be some confusion on whether adultery has any bearing in a divorce. I have had a couple of clients, who have told me they have friends who are attorneys tell them, it has no bearing in a divorce. My response has always been to have them seek out actual divorce attorneys, and see if that answer doesn't change. I have also heard because Texas is a no-fault divorce state, again adultery doesn't matter. Yes, Texas does allow no-fault divorces, it also allows for a spouse to file a fault divorce due to other spouse committing adultery, and adultery can have a huge impact on alimony and marital property distribution. I have been told by a client who hired me to prove adultery, that when she went to court, the judge ordered her spouse who had been committing adultery, to reimburse the funds she spent hiring me, from his share of the marital distribution, because I was able to prove he was committing adultery. I have been in contact with an extremely knowledgable divorce attorney, who writes law articles for major law sites. His name is Aaron Thomas who practices law in Atlanta GA. I will be posting his excellent article on how adultery affects divorces in Texas. Please contact us for a free phone consultation, if you feel your spouse is having an affair, and we'll go over your concerns with you. All consultations are confidential.

03/07/2019

AccurIntel Private Investigations LLC are experts in Infidelity Investigations. If you feel your spouse is cheating on you call us at 210-634-2226 for a free confidential consultation. We can discuss your concerns and what we can do for you. Here is an article, that clears up some misinformation being spread, that adultery will not have a bearing on a divorce in Texas.

Adultery in Texas: Does Cheating Affect Alimony?

Learn whether an extramarital affair can impact spousal
support in Texas.

Adultery damages hundreds of thousands of marriages in the United States each year. Generally, marriages that experience an affair end in divorce. If you're going through a divorce based on adultery, you may
be wondering about your rights and obligations in the legal process of terminating your marriage.

This article will explain how Texas law treats adultery during a divorce and whether courts will consider adultery when making decisions about alimony. If you still have questions about adultery and divorce in Texas
after reading this article, you should contact a Texas family law attorney for advice.

What Role Does Adultery Play in a Texas
Divorce?

Adultery can have a significant impact on how the court decides the financial issues in a Texas divorce, both alimony and property division. Although Texas allows “no-fault” divorces, you can still file for divorce
based on the fault of one spouse or the other, including adultery. Texas defines adultery as voluntary sexual in*******se with a person besides your husband or wife. If you are filing for divorce based on adultery, you should be prepared to show the court proof of the affair.
You won’t have to prove that sexual in*******se actually happened if you can show circumstantial evidence of the affair. For example, phone records, credit card, bank statements, emails, text messages, photos, and videos are often used to show that a spouse was likely committing adultery.

Overview of Alimony in Texas

In Texas, courts award alimony to compensate a spouse whose ability to earn income has eroded during the marriage while taking care of the household, and who also doesn’t have enough funds to support himself or herself. Texas courts only award alimony when at least one of these specific circumstances are met:
• the spouse being asked to pay alimony has committed domestic violence against the other spouse within two years of the divorce, as determined by a court
• the couple has been married for at least 10 years and one spouse can’t earn enough income to pay basic expenses
• the spouse seeking alimony has a physical or mental disability preventing that spouse from earning enough income to cover expenses
• the spouse seeking alimony can’t work because he or she has to take care of a minor child with a disability.
If none of these criteria are met, Texas courts can’t award a spouse alimony.
If the judge decides that a spouse should get alimony, the judge has to consider the following factors to determine the amount and duration of the alimony:
• the spouses’ abilities to meet their needs independently
• the education and job skills of each spouse
• length of the marriage
• age, employment history, earning potential, and health of the spouses
• child support each spouse has to pay
• whether a spouse wasted or hid money during the marriage
• contributions by one spouse to the other’s education or earning potential
• property each spouse brought into the marriage
• contributions by a spouse to the marriage as a homemaker
• misconduct during the marriage by each spouse, including adultery, and
• any domestic violence during the marriage.

Alimony in Texas can’t be more than $5,000 a month, or 20% of the
paying spouse’s monthly gross income, whichever is lower. There’s no specific formula to calculate alimony in Texas; courts decide alimony on a case-by-case basis.
Texas courts can change the alimony award if the spouses’ financial circumstances change.

How Does Adultery Impact Alimony in Texas?

A number of states consider adultery when determining whether a spouse is eligible for alimony, while others base alimony solely on the need for support. Some states also consider a spouse’s adultery when determining how to divide the couple’s property.
Texas courts consider the adultery of both the spouses requesting alimony and the spouse that would pay alimony. A court may deny alimony to a spouse who has committed adultery. Courts also consider the adultery of a spouse asked to pay alimony if the affair was the reason for the breakup of the marriage.
Adultery can still be considered if it was committed after the spouses separated and lived apart. If you are getting divorced because of you or your spouse’s adultery, you should contact a Texas family law attorney to help you prove the infidelity to the court.

What Else Does Adultery Impact?

Unlike many other states, Texas courts consider adultery when deciding how to divide the couple’s property in a divorce. A spouse who was unfaithful may receive a smaller share of the couple’s property and funds. Courts will also take into account any money spent on an affair, such as money spent on trips, hotels, or gifts.
Texas law typically doesn’t allow adultery to be considered when deciding child custody and visitation. Courts focus more on the parenting abilities of each parent when deciding which spouse will have custody of the children. Adultery can indirectly impact child custody or visitation, however, if a spouse abandoned the children while having the affair.

Resources
If you have additional questions about divorce and adultery in Texas, you should consult with a Texas family law attorney.
To read the full text of the law on alimony in Texas, see the Texas Family Code Chapter 8.
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm
By Aaron Thomas

02/27/2019