Infidelity is grounds for divorce in all 50 States. In community property States such as Texas proving an affair can result in a disproportionate division of the marital estate. In other words proving that he cheated will get you more than 50% of the assets of your marriage. It can also have an impact on custody decisions, though it shouldn’t according to most State family codes. Often people expect that their testimony will be enough. Unfortunately judges have heard thousands of cases and accusations of all kinds. You will need more than just “he said, she said.”
Remember that anything you do to gather evidence can be used against you to dilute the impact of your evidence. If you break the law to get the evidence you could go to jail. Be prepared to explain your actions to a judge.
Hire a private investigator. This will require some cash and you need to make sure your spouse isn’t able detect the expense and get wind of what you are doing.
Check emails. Be very careful about hacking into accounts. If you have access already then you aren’t doing anything wrong. You can also purchase software that will legally help you determine if your spouse is cheating.
Intercept texts. There are devices that will allow you to intercept text messages on a phone that you have a legal right to. If your spouse shares your plan then you may be legally entitled to these texts.
Check texts on their phone. Be careful, this often causes confrontations if you are caught. if their phone has a password you automatically know something is wrong. If you see incriminating texts you can often photocopy the screen. If not take pictures with your phone.
Keep an eye on facebook. It is amazing how many people will reconnect with old flames on facebook. Be careful about hacking accounts.
Watch their spending. Unexplained cash withdrawals or credit card expenses in strange places can indicate cheating. You’ll need to keep the bills.
Pull cell phone records and look for patterns of calls. If you can find the number for their new partner you can show a pattern.
Record confrontations. If you are going to confront your spouse or if you think that their infidelity might come out record the conversation. This nails down their admission and may keep you out of trouble if they later claim that you said or did something inappropriate.