Marital Crisis and Coping with Adultery
Allen Cowling
Cowling Investigations, Inc.

The initial reaction of any spouse who finds their mate is having an affair is usually anger and humiliation, quickly followed by frustration as they attempt to understand why the affair happened. For an innocent spouse, the single biggest mistake made is in trying to understand their partner's actions based on what they would or would not do. In most cases, it is impossible to second guess another person simply because their thoughts and emotions are different, yet innocent spouses in a marriage where adultery happens become absolutely consumed in their attempts to understand it.

Although the reasons for adultery are countless, it usually occurs when one spouse is attempting to replace emotional feelings they have lost. In most cases, contrary to belief, adultery is more of an emotional fulfillment than a physical need. Everyone wants to be needed, cared about and made to feel special. When those feelings cease at home, some spouses will look elsewhere to replace them.

On occasion, an insecure person will use adultery to supply a false sense of happiness and security in the same manner that a junkie uses drugs. Unfortunately, a false sense of happiness is only temporary and will not last long. True happiness must come from within and cannot be supplied by someone else.

An unhappy spouse can easily be made to feel good about themselves through an outside relationship. Look beyond the physical part of the adultery. Obviously, most adultery does not happen because two strangers met walking down the street and decided to have sex. Quite the contrary. Prior to the sex act, each person builds the other up emotionally, which provides the sense of warmth, security and happiness. These feelings usually last as long as one has the ability to continue making the other feel good about themselves. As I said, true happiness comes from within and when one person is dependent on another to provide their happiness, it will not last long. When the feelings cease, it's time to move on to another relationship.

So what really happens to a family when adultery occurs? Adultery is an absolute violation of every marriage and moral concept we have. It totally devastates an innocent spouse and often leaves permanent scars with no chance for trust to ever exist again.

Normally, the initial thoughts of the innocent spouse consist of;

  • How could they do this to me? I couldn't do it.
  • If they wanted someone else, why didn't they just tell me?
  • Why did they do it? Maybe it is my fault. They kept telling me I was a failure.
  • I wonder who knows about the relationship and if everybody thinks I'm a fool?
  • They made a fool out of me and they are not going to get away with it.
  • I'll prove the adultery and threaten them with a divorce. That will make them straighten out.
  • I'll keep up with everything they do. I'll show them who's stupid.
  • If they want someone else, fine, but I'll ruin their life. I bet their boss and family doesn't know what they are doing and if I tell them, I'll bet they'll take my side.
  • I'll cost them their job.
  • I'll get them arrested.

Considering some of the above reactions, does the innocent spouse obtain any satisfaction? Usually no. Their actions amount to nothing more than a relentless need to get even, but nothing is resolved. Not only is nothing resolved, but in many instances, the relationship becomes worse. A good example is a wife who "needles" her husband, motivated only by her need to "show him she is not a fool." This "needling" frequently leads to physical violence. The answer is simple; leave him alone. If the husband has committed adultery, he will, or should have, some sense of guilt, which will cause stress and pressure. A wife who "digs" at him causes additional pressure. When the stress becomes unbearable, some husbands release pressure through violence.

An innocent spouse may feel rejected, humiliated, angry and vindictive. A vindictive spouse is capable of almost anything and most of the time their main motivation is to "get even."

A perfect example of a vindictive spouse would be a husband who, immediately after discovering that his wife is having an affair, runs to a lawyer with intention of filing for divorce and asking for custody of his children, simply as a means of getting even with his wife. He was motivated by hurt and pride, not by what was in the best interest of the children. He wanted her out of the house and paying him child support. That would show her. Unfortunately, when he consults with an attorney he learns that, although he could obtain a divorce on grounds of adultery, unless he could prove to the court that his wife was an unfit parent, she would probably retain custody of their children. In many cases, for a mother to be considered unfit, either the children would have to be directly exposed to the adultery or her actions would have to be detrimental to the children's welfare. In addition, the attorney probably also explained that since she would probably retain custody, she would also be awarded temporary use and possession of their home and he would be required to pay child support.

Obviously, that was far from what the husband expected. At that point, not only is he angry about the affair, now he is humiliated over the fact that not only was she unfaithful to him, she stood a good chance of getting everything in a divorce settlement. He just cannot allow that to happen. Usually, his only alternative at that point is to wait.

Realizing that his wife has committed adultery once, the husband decides against pursuing a divorce and begins to develop a methodical plan to prove his wife is an unfit parent. He may have convinced her that he has forgiven her for her affair, but behind her back he may be doing things like attaching tape recorders to their telephone line and continuously monitoring her activities; waiting patiently for the time that he can destroy her. Again, his entire motivation was based on vindictiveness because he believes that she has humiliated him.

I have seen cases where men waited patiently for years for the opportunity to destroy their wives and the wives never saw what was taking place. They never thought to question why their cold and impersonal husband wanted to continue living with them. Simple. He was counting the days and hours until he could pay her back for what she had done to him. Needless to say, no one was considering what was in the best interest of the children.

When one marital partner is caught having an affair, the biggest decision the innocent partner will make is whether or not to obtain a divorce. That decision is not easy and most of the time is governed by feelings of anger and resentment.

Some marriages have absolutely no foundation or basis for continuing and it probably is best to dissolve them following an outside relationship. After all, how do you repair something when you had nothing to start with. Continuing in these marriages is damaging to both spouses and their children, if any.

There are, however, those marriages that can be repaired in cases where one partner has committed adultery. Unfortunately, feeble attempts to mend the relationship usually fail because of impatience and the desire for an instant solution. There is no instant solution and properly mending a relationship can take as much as a year.

Deciding to attempt and repair the relationship should be based on what is best for everyone, especially children. Salvaging a marriage takes an unbelievable amount of effort. Failure to succeed is almost assured when that effort is rushed. Simply put, salvaging a marriage is like climbing a ladder and should be done one step at a time. When someone gets impatient and tries to jump past several steps, often a step will break and they tumble back to the ground. Impatience comes about easily because the innocent spouse simply wants their life back to normal. It is vital to remember that the problems in the marriage did not come about instantly, nor will they be resolved instantly.

Adultery itself is not the problem but the symptom of a problem. In many instances, adultery is brought about by insecurities in a person that could easily stem as far back as childhood. If these specific problems are properly addressed and dealt with, the adultery and the need for other relationships cease. In many cases, the need for another person, or the adultery, is just as much a mental illness as cancer is a physical illness. Just as with a physical illness, a mental illness can be treated if handled correctly. Simply put, the person involved in an affair may not be able to help themselves. That certainly is not true in all cases, but it is worth considering before filing a divorce complaint. In most instances, spouses usually do not consider adultery as being the result of a sickness because they refuse to see beyond the pain and humiliation it has caused.

Any spouse involved in an extra-marital relationship will usually develop changes in their attitude, patterns and lifestyle. The following are some typical signs a husband or wife involved in adultery might show; however, understand that these signs can apply to anyone. The true sign is normally a drastic change of some form. Your suspicions would certainly be justified if you discover your spouse's actions correspond to four or more of the following signs.

  • A sudden loss of interest in normal family activities. Usually the guilt associated with an affair causes a withdrawal from the family.
  • A loss of interest in the family's personal friends, again caused by guilt.
  • A change in religious habits and ideas. It becomes difficult for a spouse involved in an extra-marital relationship to continue normal church activities due to guilt. Usually spouses who are regular church members and become involved in an affair will begin pulling away from the church by using excuses such as finding fault with the pastor.
  • A sudden weight loss with special attention being paid to physical appearance and grooming. Drastic changes usually indicate a spouse's attempt to impress someone.
  • A new interest in clothes or a style change. Again, this falls into the category of attempting to impress. Occasionally when a spouse changes their clothing style, weight and appearance, they may not be involved with any particular person, but may be looking for an involvement.
  • The beginning of frequent late hours at the office. This can also be a sign of family problems that result in a spouse's desire to stay away from the home. Correcting marital problems at this point can prevent an affair.
  • Going directly to the shower after arriving home late from work. A spouse who has had a sexual encounter just prior to arriving at home, usually feels not only a sense of guilt, but a need to "Destroy any Evidence" by cleaning up.
  • The presence of makeup, perfume, or cologne on clothing. This seems to occur more often than not during sporadic meetings of a spouse and someone. The presence of these on clothing is indicative of unplanned and intense encounters.
  • The sudden need to leave home early to go to work. Again, this can be a result of family problems and the desire to spend as little time at home as possible.
  • Hang-up telephone calls. Not the infrequent mistakes everyone suffers, but calls with some regularity. Frequent hang up calls would simply seem to indicate the wrong party answered the telephone.
  • A sudden urge to answer all telephone calls or nervousness and quiet conversation during the calls. This is caused by guilt and the worry of possible discovery of the affair.
  • Sudden and frequent short trips to the store at night. This is indicative of the possible use of a pay telephone or a short visit to someone.
  • A sudden pleasant, nice, helpful attitude, which can occur during the initial stages of the affair and takes place in order to compensate for the guilt involved. Any spouse involved in an affair is normally concerned over the possibility of detection. For some reason they seem to rationalize that if they are "perfect" at home their spouse could not possibly believe they were involved with anyone else. A simple example would be an immediate increase in the frequency of normal sexual relations. If a man, who normally has sex with his wife an average of three times a week, becomes involved in an affair it is not abnormal for him to increase that amount from three to five times a week. In his mind he believes the increase at home prevents his wife from even considering he is involved with someone else. For a short period of time everything at home is beautiful for the wife; however, the husband's lifestyle will begin to cause problems. This same husband who had a normal sexual frequency of three times a week has now increased that amount to five at home. He also may be averaging five times a week with his girlfriend. We have now gone from an average of three to a potential ten times per week. That lifestyle will not last long. Relief has got to come from somewhere. Keep in mind that at that point the five per week with the girlfriend is by choice. The five per week at home is obligation. The "Have To" at home is the relationship that will begin to suffer. A steady decrease will begin and usually it will come with his excuse that he is tired, has a headache or is sick. It may be as simple as watching television until he is sure his wife is asleep before going to bed, but whatever the reason, the frequency will decrease. As it decreases, a funny thing begins to happen. The husband's guilt begins to affect him. He knows what he is doing is not right. That guilt will cause the beginning of frequent arguments in the home. The arguments serve a twofold purpose; first, it lessens the husband's obligation of having sex with his wife and, second, it gives the husband the ability to blame the wife for his affair. As humans, we are programmed that when we do something wrong it can't be our fault. Men and women both blame each other for their "Having" to become involved in an affair. "If she treated me better, I wouldn't have to do this." Regardless of how that sounds, it is true.
  • The introduction of new techniques in a couple's sexual relations. Spouses involved in an extra-marital relationship often become exposed to new sexual techniques and, on occasion, will introduce these techniques into their home life.
  • A sudden inability to please the spouse. One spouse cannot do anything right in the eyes of the other. Keep in mind this serves the purpose of allowing the guilty spouse to blame the other for their relationship.
  • A need to "get away for a few days." This can either occur because of guilt or because the guilty spouse wants to spend time with the person they are involved with.
  • Keeping extra clothing in the car. On occasions, an involved spouse will need clean clothing to change into prior to arriving at home to avoid detection of makeup, perfume or cologne. On other occasions, they may desire to change from work attire into something more suitable prior to meeting someone.
  • Sudden and unexplained trips out of town. This usually occurs when a spouse involved in an affair is limited to only short and infrequent encounters with the person they are involved with. Women especially will not stand for continued short visits for any length of time. They demand quality time to compensate for short visits that tend to make them feel used and cheap.
  • Unexplained disappearance of money or use of credit cards. Men involved in a relationship tend to hide money to be used for entertaining their girlfriend. Some women will hide money in preparation for what they believe will be an upcoming divorce.
  • Unexplained pressure building with a total inability to cope, usually caused by guilt. People respond differently to guilt, but normally, a person involved in an affair will display drastic changes in their character.
  • The explanation "I'm confused and need some time to myself." This can simply mean, "I'm through with this marriage, but I don't know how to get out of it in the most beneficial manner."
  • A sudden discussion of divorce or separation. This can indicate that a spouse involved in an affair has developed a serious emotional attachment for the person they are involved with.
  • An actual separation, with the explanation "I love you, but I'm confused and need to find myself." A husband may mean, "I have someone else, our marriage is over" or "I want a divorce, but I don't want the divorce to cost me, so I'll humor you and be friends until the divorce is final." A wife may mean exactly the same, but she is mainly concerned with what she will get out of the marriage financially.

A spouse confronted with the possibility of adultery usually has three (3) basic choices;

  • Simply do nothing. All too often, this is the avenue chosen by persons who suspect their partners of adultery. Unfortunately, in the choice of doing nothing, the situation will not correct itself, and will ultimately cause more pressure on the part of the innocent party than can be tolerated, which certainly is not in the best interests of continuing any marriage effort. Pressure and stress will worsen in time due to the failure to deal with the situation. The specific reason for this is that if your spouse is not involved, your emotional stress could put him or her in a situation where a relationship would be sought, simply because they wanted to be with someone who does not display the tension and stress you would obviously be under. Regardless of how hard you try to hide your emotions, it will be impossible, and you will find yourself venting frustrations in numerous ways, all of which will have a detrimental effect on your partner. In simplicity, your suspicions will eat at you like a non-curable cancer until you either resolve the issue or destroy those around you.
  • Attempt to prove or disprove your spouse's involvement by yourself or with the help of a friend. A person involved in the emotional situation in which you will find yourself will not be able to think logically or clearly. It will be extremely difficult for you to catch your spouse and, even in the event you did, your actions will most probably be governed by vengeance, which could lead to the destruction of your entire future with regards to the settlement you may or may not receive in a divorce. It should also be understood that as you are attempting to catch your spouse in an affair, your direct involvement will lead to great emotional stress and agitation. Inevitably, when an argument occurs you will be led to say specific things which would make your partner think you do suspect and have been checking on him or her. A final consideration is that even in the event you do catch your spouse in a compromising situation, that is not the best evidence if the matter should go to the divorce courts.
  • Retain the services of a private investigator. Private investigators can be located throughout the country. Their business is strictly concerned with performing various types of investigations, normally including domestic and child custody cases.

When a spouse elects to retain the services of an investigator, they should have patience and allow the investigator to complete their work. Usually this is not the case. Regardless of whether or not they admit it, most marital partners attempting to deal with adultery are in a state of panic. The panic amounts to nothing more than;

  • They are consumed with self-pity. A spouse committing adultery usually compensates for their guilt by tearing their partner to shreds emotionally. In short, the guilty spouse justifies their adultery as being the fault of their partner. "If you cooked better, kept house better, made love better or more frequently, then I wouldn't have to look somewhere else." The sad part is that the innocent spouse sometimes falls for this and truly believes they are responsible. A spouse who does feel this way will usually feel sorry for themselves and develop an attitude that "their life is over and their world is ending." In many instances this would not happen if the innocent spouse understood there is absolutely no validity to the numerous faults they are being told they have.
  • They believe no one else will have them. So many spouses have this attitude and it amounts to nothing more than the way their marital partner has made them feel. They have been put down to the point where they have no self-worth and believe everything they have been told. I have seen absolutely beautiful and ambitious women with extremely good personalities made to feel they were not as good as the dirt under someone's feet. Remember a simple truth; one person's ground beef is another's filet.
  • They are afraid they will not be successful in obtaining the evidence they want so badly in order to "get even" for what their partner has done to them. A spouse consumed with "getting even" will make frequent calls advising the investigator as to every detail about their partner's activities as well as asking for continuous reports. They sincerely want the investigator to observe their spouse for every second of every day, a feat which is obviously impossible. These clients want their mates watched everywhere, regardless of whether or not it is church or grocery store. This accomplishes nothing more than risking detection of the investigator. Successful evidence of adultery is obtained by learning the habits and patterns of the person having the affair.

One characteristic of every client who is in a state of panic is their inability to hear or follow any advise they are given. They have made up their minds what they want and are not interested in listening to anything that conflicts with their desires. This is usually a trait of a spouse determined to "get even".

If a client is not in a "get even" frame of mind, they can deal with the self-pity and lack of self-worth, but they must truly want to. After all, it's easier to feel sorry for one's self than it is to correct the problem, but the problem can be corrected by;

  • Getting involved in an exercise program. Exercising until you are exhausted does not leave time to sit around and ponder your problems or feel sorry for yourself. Exercise, without question, can make a person feel better about themselves.
  • Exercise with other people, whether it's at a health club or roller skating. This is an easy way to meet and make new friends who will readily accept you for what you are; not what you have been made to feel you are.
  • Get involved in hobbies with other persons.
  • Get involved in a volunteer program where you are helping others, such as a hospital. The fact that you are helping will quickly improve your own self-worth.
  • Do not mope around with time on your hands. You will find yourself thinking about your problems and easily fall back into self-pity.
  • Don't talk about your problem to others. A spouse who feels sorry for themselves will often talk to anyone who will listen to them. They are looking for support, but that can be the worst kind of support.
  • Avoid keeping company with persons who are wrapped in self-pity themselves. The last thing you need is to spend time with others who are depressed from having the same problems you have.
  • Leave your spouse alone. Do not accuse them or confront them with anything. This will only make them angry and more withdrawn. Digging at a spouse can also get you hurt. You win absolutely nothing by "needling."

Once evidence of adultery is obtained, a spouse must immediately decide what to do; seek a divorce or attempt and salvage their marriage. In making their decision, they should;

  • Realize that the law, in most states, is very clear in that if a spouse becomes aware their partner is or has committed adultery and they do not immediately separate themselves, they forgive, accept and condone the actions of their partner and cannot later bring up the incident or use it against them.
  • Carefully analyze the situation and rely on their own instincts rather than the advise of friends and family. Friends and family feel sorry for what they know you are going through and they will usually advise you to "get out of the marriage." The fact is, they are not walking in your shoes nor will they live with the outcome of your decision, regardless of what it is.
  • Never, under any circumstances, use adultery or a threat of divorce to try to "straighten out the guilty partner." This is often done by a desperate wife attempting to make her husband behave. It does not work. Remember, adultery is not the problem, but a symptom of the problem. No problem is ever resolved with threats.
  • Immediately talk with an attorney if they believe divorce is the only answer to their problem.
  • Develop an absolute plan and stick with it if they intend to attempt and salvage their marriage. Evidence of adultery can be a useful tool in salvaging a marriage if used properly, but should never be used as a get even tool.

Many spouses never consider that adultery can actually be used to salvage a marriage. Success is obtained only when a specific plan is followed. As an example, let's examine an actual case. A wife had obtained evidence proving her husband was having an affair. The following steps were initiated;

  • The wife separated herself from her husband, took their children and moved in with her parents. This was only on a temporary basis.
  • We prepared a written divorce complaint, charging her husband with adultery and asked for settlement accordingly. In the complaint, we also requested an immediate temporary hearing for financial reasons and requested the court to order her husband out of their home so she and the children could return.
  • The papers were not actually filed with the court clerk, but we assured he got the complaint.

This was only the first step in the overall plan and each step had a specific reason. The wife had to separate herself from her husband after becoming aware of the adultery or she ran the risk of condoning his actions.

The divorce complaint was prepared because the written papers provided much more impact than verbally confronting the guilty spouse. A spouse caught in adultery who is verbally confronted usually believes they can talk their way out of their problem. The divorce complaint shows exactly how serious the innocent spouse is.

The complaint was not filed because a divorce was not the motive. Putting the guilty spouse under a great deal of pressure was. In addition to the complaint, other pressure can also be used. In reality, in most states, adultery is a crime and a guilty party can be prosecuted. There is also the threat of filing an alienation lawsuit against the party the guilty spouse was involved with. This is a lawsuit claiming the outside party disrupted or destroyed your marriage and you are seeking relief through the courts.

Why the need for pressure? If you approach a true alcoholic and tell them they have a problem, they will deny it, telling you they can stop drinking any time they choose. Let that same alcoholic run over a child while driving a car in an intoxicated state and suddenly they realize they need help.

As with an alcoholic, if adultery is the result of a problem, the person committing the adultery will deny the affair and the fact that they have a problem. The pressure the divorce complaint brings against a guilty spouse is the same as the alcoholic hitting the child. Suddenly, they see their world coming to an end through the loss of their family and are heartfully sorry for their actions. At that time, they may be receptive to counseling. Only through proper counseling will they be able to address the problem that lead to the adultery. Correct the problem and you correct the adultery. Fail to address the problem and in a matter of time they will become involved again.

During the crucial point at which the guilty spouse is receptive to counseling, it is vital to determine if they are truly sorry for their actions or simply sorry they were caught. Anyone truly sorry for their actions will seek the proper help necessary to correct their problem. A spouse who is only sorry they were caught is capable of doing almost anything necessary to void the evidence against them such as making unbelievable promises, using their children, counselors, preachers or the church. Their main motivation is to continue their marriage so their partner cannot use the evidence of adultery against them.

The second phase of the plan was to have the client carefully monitor her husband's actions. When he received the divorce complaint and realized she and the children had moved, he knew how serious she was. When he contacted her, she agreed to hold off on divorce proceedings provided he would move out of the house, allowing her and the children to return and would seek counseling, both alone and with her. He agreed because he would have done anything to hold on to his family.

As agreed, he left the residence and she and the children returned. Also as agreed, he got into a private counseling program and both of them began seeing a marriage counselor.

They remained living apart, but began dating several months later. The final result was that after approximately eight (8) months, they got back together and were happier than they had ever been. In counseling, he had discovered and dealt with several problems that went back to his youth. As a result, he no longer had a need for outside affairs.

The separation period also proved to the wife that he was not simply trying to get back in their home to void her evidence.

The plan worked perfectly, but took eight (8) months and this is the exception rather than the rule. Most people are not willing to spend that much time. They are looking for an instant solution. There is none and the problems that led to the adultery are never addressed or resolved. The marriage usually ends bitterly.

I cannot stress strongly enough that adultery is not the problem, but is often the result of a problem. The problem that caused the adultery did not occur overnight and resolving it will take time. If you do not have the patience to resolve it properly, end the marriage.

On occasion, a marriage partner will truly want a divorce. When a husband wants to end a marriage, his prime consideration is usually the cost factor. How much will he have to pay his wife? He has two basic avenues of approach in keeping his cost at an absolute minimum.

One is through intimidation. He attempts to make life so unbearable that his wife will simply pack her bags and leave. This is easily accomplished through various forms of both mental and physical abuse. In many cases, the intimidation is successful. The wife, scared to death, leaves and asks for nothing.

Another method used, especially when the husband is involved in an affair, is in telling his wife he loves her, but because she has so many faults, he needs a separation period. Once he moves out he indicates they should divorce, but can remarry if she gets "her" problems worked out. If the husband is successful, the wife believes she caused their marital problems and, based on his promise to remarry, she asks for nothing in divorce for fear of making him mad. Although this sounds ridiculous, keep in mind that the husband has probably been constantly finding fault with his wife in order to compensate for the guilt associated with his affair.

Regardless of which method is used, they amount to nothing more than mind games and are played primarily to motivate the other person to do what you want.

Although seldom used or realized, there is a simple defense to mind games. Do not play them or allow them to intimidate you. That is easier said than done.

Now, let's consider another factor. Are you the target of an investigation? You very well could be if you gained evidence of adultery through an investigation of your spouse and they are attempting to get back at you. If your spouse believes there is any possibility you may be involved with someone, they may employ an investigator to observe your activities. Their reasoning is simply that, if evidence of adultery is obtained against you, it will automatically void any evidence you have against them.

You could also become an investigative target if your spouse is intent on "getting even" with you for something you have done to them. For example, a husband may live only for the day he gets enough evidence to file for divorce and petition for the custody of his children because his wife has done something to hurt him. She may have had a previous affair because he paid absolutely no attention to her at home, but rather than accept any of the responsibility or deal with the situation, he develops a bitter obsession to "get back" at her.

Another example could be a wife who wants to "take her husband to the cleaners" because he has done something to hurt her. In cases where a husband leaves a wife, more often than not, she develops feelings of betrayal and humiliation which quickly turn to bitterness. How does she get even? The list is endless, but usually by attempting to "catch" him committing adultery. In the event that fails, she may resort to attempts to destroy his career or anything she believes is important to him.

In cases where a spouse becomes obsessed with the destruction of their partner, they are usually consumed with self-pity and believe that "getting even" will make them happy. It does not, but does demonstrate the cold, calculating, relentless and bitter emotions they develop after being hurt.

Not only are some spouses willing to go to any means, but some investigators they employ are also, which can include illegal means used to invade your privacy.

When confronted with a case of this nature, you can either do nothing or take an offensive stand and attempt to "turn the tables" on you marriage partner. Then it becomes a question of who gets who first.

Some of the tactics used may seem grossly unfair, but keep in mind, they are no more unfair than what the other spouse would do to you.

Turning the tables can be done, but every step must be carefully planned and certain procedures must be followed;

  • The first rule is, do not discuss your activities with anyone, even friends. Anyone who has knowledge, regardless of who they are, is a potential threat and you cannot afford to make any mistakes.
  • The first step, without question, is to learn the extent your spouse has gone to in order to obtain evidence against you. Favorite methods include monitoring your telephone conversations, installing tracking transmitters on your vehicle or by retaining an investigator to monitor your activities. A thorough understanding of what your spouse is up to will govern the specific plan of action you should follow.
  • Have a professional, not the telephone company, inspect your telephone lines to determine whether or not there is a recording device attached. If there is and, depending on the court circuit you reside in, the "tap" could be legal or illegal. If the "tap" is illegal, you have the option of filing a lawsuit against your spouse in federal court for invasion of privacy. If the "tap" is legal, realize it is present and use it to your benefit. There is an art to this and you should not attempt it without the assistance of someone who knows exactly what they are doing. One of the main reasons is you do not want your spouse to know that you are aware the recorder exists. If you attempt to combat this alone, without realizing it, you could easily give yourself away. Generally, when someone knows they are being recorded, they change little things in their conversation, voice and attitude. While they may not believe they have made a mistake, to a trained listener, it becomes obvious they have located the recorder.
  • Have a professional inspect your vehicle to determine if there is a "tracking" transmitter attached to it. In most states, these are illegal and the use of them can assist you greatly. Again, do not attempt to handle this without assistance.
  • Determine whether or not you are being followed by investigators. This is easily accomplished by telling your spouse in the evening you are going somewhere specific and then arrive at that location, but an hour after you should have. Prior to reaching the location you advised your spouse of, go to another location and park in a manner that will allow you to observe the local traffic. You can easily determine if someone is following you in this manner. If you discover someone following you, assure that your actions do not make them aware you have seen them. It is far easier to work with something you know that is taking place than it is to constantly look for new surprises.
  • Do not discuss anything you would worry about over your home or office telephone, or any cellular or portable telephone. There is a danger that any of these can be monitored.
  • Be weary of new friends, regardless of whether or not you meet them in church, the work place or health club. A favorite trick of some investigators is to befriend you and before you realize it, you find yourself confiding in them. On more than one occasion, I have become good friends with a subject I was investigating and learned everything they were doing and planned to do. They never suspected because most people think of an investigator as someone who sits in the distance and watches.

Believe it or not, a spouse obsessed with catching you can easily be manipulated if you know exactly what you are doing. With ingenuity, you can motivate your spouse to either use illegal means in attempting to obtain evidence against you or to become involved in an affair themselves.

Manipulating them into illegal activities is easier than you would believe. Remember, they are absolutely obsessed with obtaining evidence against you and as a result, will attempt to keep up with everything you do. As long as they are aware of your activities, they will do nothing more than continue monitoring from a distance, so to speak. When they cannot determine what you are doing is the time they will resort to any means available to them and some of these are illegal.

As an example, let's assume a husband is attempting to obtain evidence against his wife to prove her unfit. He may monitor her telephone conversations and casually check up on her activities, but as long as she is predictable, he will not resort to other means. There is no need to.

Now, let the same wife suddenly change her pattern and the husband will immediately become suspicious. Let's assume the wife comes home from work at or about 5:00 p.m., daily and does not go out again. That would constitute her regular pattern. Now, assume the same wife periodically began coming home at 6:30 p.m., as opposed to 5:00 p.m., and, further, she periodically leaves home for short periods of time at night.

Because of the change in pattern, the husband will immediately become suspicious that she is involved in an affair. Because his regular observation of her activities cannot provide him with the answer as to what is taking place, he must now resort to other means.

Initially he would probably either use investigators to follow her or he may attempt to do so himself. If this fails, he becomes frustrated and seeks other means. If he has not used a telephone monitoring device, he could easily start and he could also begin using investigators who rely on tracking transmitters.

Regardless of what he does, the wife has manipulated and frustrated him.

When a spouse does employ an investigator, be leery of the following;

  • Constant hang up telephone calls used to determine whether or not you are at home. This is indicative of either a lazy investigator attempting to monitor your activities or a spouse attempting to learn your whereabouts. An investigator may want to know if you are at home before he begins surveillance. After all, spending hours watching your house while you were not present would be less than productive.
  • Picking up and sorting through your garbage. An easy thing to do for anyone. You place your trash on the street for collection and someone takes it. Although this sounds bizarre, much information can be obtained about a person by examination of the things they discard. Think about what you actually put into your garbage that may prove helpful to an investigator. Telephone bills, bank statements, credit card receipts, monthly billing statements, notes and letters. An impressive profile of someone can easily be established from the material they throw away.
  • Obtaining credit reports, medical reports, employment information and driving records. Most of these records should not be accessible without your direct permission; however, they are usually easily obtained. Credit bureaus can supply employment and residence information, as well as financial histories. Your financial history can supply information about every creditor you presently owe or have dealt with in the past.
  • Vehicle surveillance. Usually you can determine this by frequently altering your patterns of coming and going. Since we are normally creatures of habit, in most cases it is easy for someone monitoring your activities to park blocks away from your residence and avoid detection. If you constantly vary the directions in which you leave or arrive at your residence you will force someone conducting surveillance to position themselves within site of your home. If they can see you, you can see them. Inexperienced investigators will continuously drive by your home, especially at night, and are easily seen. The same is true of your employment. If you park in the same location and depart in the same way, you provide a person watching you the ability to sit several blocks away to avoid detection by you. Again, if they can't see you, you certainly can't see them. Also, if the person who retained the investigator to observe your activities is aware of your routines and patterns, expect to be watched and followed from specific locations such as church, barber or beauty shop or any place you have a standard and set meeting or appointment.
  • Potential entrapment by having someone attempt to approach you for a date. Occasionally this is attempted out of pure frustration and usually after everything else has failed. Although this does not actually happen frequently, I have had many male clients who have asked, "would it help if I had someone take her out?"
  • Friends of yours suddenly becoming inquisitive about your activities. Sometimes friends are more friendly to the opposing side. I have had many cases where clients believed they could trust a friend and basically told that friend everything, only to find the information was taken directly back to their spouse.
  • Attaching a tape recorder to your telephone line and monitoring your conversations. To determine if this has been done, either visually check all telephone wiring both attached to and inside your home, or have an investigator check with the use of countermeasures equipment. If you locate such a device, do not remove it. Contact either your attorney or investigator immediately. You may well have an excellent lawsuit available for invasion of privacy, but you must prove that the device was intercepting conversations and the identity of the person who installed it. Your word would not be sufficient because in a lawsuit the opposing side would probably deny knowledge of the device and accuse you of installing it.
  • Attaching a transmitter to the underside of your vehicle to monitor your movements. This can be determined by examination of the underside of your vehicle. Most devices of this nature, approximately the size of a package of cigarettes, attach by the use of magnets and have an antenna about 10" long. The antenna can be seen hanging down. Another method is to observe vehicles around you. The person with the receiver will usually have two large antennas installed on opposite sides of the roof of their vehicle.

If you are a target of investigation, the amount of time that an investigator can apply in attempting to obtain information against you depends on the finances available and the intensity of the person who retained the investigator. As an example, the wife of a physician retained an investigator who observed and carefully documented two separate affairs in which the husband was involved. One of the females he was seeing was married to his partner.

Her husband now has a serious dilemma. He does not want the evidence obtained against him to become public, so what are his alternatives? He can attempt to discredit the evidence against him. If that is not possible, he can attempt the "reconciliation trick." If that fails, he is suddenly confronted with the potential financial cost of a divorce. Well, there is one other alternative. If he could obtain evidence of adultery against his wife, his charges of adultery would simply be "canceled out" by hers. Although he may spend thousands of dollars on an investigator, that would be far less than the amount of the divorce settlement. So, he retains an investigator with the instructions, "I don't care what it costs, or what you have to do, get something."

Anyone can be an investigative target, but keep in mind; no investigator can obtain evidence of something that does not exist without manufacturing it. Very few will do that, but it is a possibility.

On many occasions, a spouse obsessed with catching their partner begins an affair themselves. Believe it or not, an obsessed spouse feels frustrated and, on occasion, guilty. It is not uncommon for them to seek a relationship for purposes of making them feel good about themselves.

Regardless of what happens, these cases amount to nothing but mind games and are usually won by the spouse with the most patience and ingenuity.

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