Tennessee State Code TCA 39-13-606 allows for a vehicle to be tracked if all registered owners of the vehicle have consented. Many times a client is not able to legally track a spouse or partner’s vehicle. If you are looking for a way to legally track someone there are a few options. Currently there are no laws in place to address tracking a cell phone with an app. Iphone has a FindAFriend app that can be turned on and off by user at anytime. We have found FindAFriend is not accurate, many times it will show the phone up to a mile away from its actual location. If you are experiencing this flaw in the system, refresh the app, maybe see if the person will text you back so the app can pick up a more accurate location. Find My IPhone is app that have found to be accurate. However, a person must have access to the password on someone’s ICloud account to use Find My IPhone. Another option is to track your own vehicle then trade vehicles with your partner. We had one case where the husband traded vehicles with his wife telling her he was going out of town. He told his wife that since her car was better on gas he preferred taking her car. Also he could make sure it was driving correctly and get an oil change. Further, at the appropriate time, the husband called his brother, had his brother three way call the wife, making the wife think her husband was far away at his brothers’s house. As soon as she thought her husband was far away she drove to her paramour’s residence. She was very shocked when she returned home to find her husband waiting with a video of her activities in hand. The penalty for tracking someone’s vehicle is pretty stiff so don’t track it unless you own it.
A lot of people say when it comes to divorce, adultery doesn’t matter in the State of Tennessee. Tennessee is a “no fault” state, so in many cases adultery doesn’t matter. Every case is different. When enough evidence is presented in court, it can sway the judge’s decision. Take this next case for instance, my client was not happy in her marriage. The couple had 5 year old twins. She called her husband a “non-participating husband” she was very distraught. My client filed for a divorce. Shortly after filing for divorce, her husband became a better husband. He begged her not to get the divorce. So the couple began counseling. The counselor refused to see the husband after the 2nd visit claiming the husband had an agenda. During the reconciliation period, my client got pregnant, with twins. Well, shortly after the pregnancy was announced, the husband begins spending all his days and nights at work. His phone call log revealed lots of calls to one number. My client attempting to keep her relationship together calmly calls the number. A young female tells her that she is just a potential employee at the husbands office. The calls were arranging an interview, etc. My client accepted the explanation but took note of the incident. A few weeks later the husband began spending long hours at the office again. The suspecting wife called me. We followed the husband for a few weeks. We obtained video of the 25 year-old female at the husband’s office after hours. The wife confronted the husband. The husband filed for a divorce the next day while remaining in the house. My client lost one of the twins in the pregnancy leaving her pregnant with one child. My clients doctor was very concerned about her health because she could not eat or stay calm. She was a mess. Further, the husband told her that Adultery in the State of Tennessee has no weight in a divorce. He stopped his paycheck from going into the joint account which caused an overdraft which remained until we went to court. He withdrew financial support from my client. My client obtained an attorney, turned over the evidence we already uncovered and waited for advice. The attorney’s advice was to stay in the house with the husband and document his presence or absence in the home. Also, continue to inform the husband of the problem at the bank, record all conversations with the husband or his relatives, and try to be nice to all parties involved, keep the female private investigator on the case. The client’s situation left her with no means to keep the private investigators on the case so we made a deal. The deal was we would gather the evidence and continue with surveillance, the client would work on getting the money to pay off her invoice before we go to court. Over an 8 week period, we followed the husband to various restaurants and venues around Nashville while he wined and dined his girlfriend. We found when the husband was not with his girlfriend, he was with other women. We took note of how many drinks, appetizers and T-shirts were purchased by the husband. We actually picked up a receipt copy he dropped on the floor showing he paid cash when he picked up the tab for the 3 persons in the party. We took photos of the wad of cash in his hand when he paid for $4 beers, $30 Crawfish plate, $20 T-shirts and other goodies. Our report was complete with close up photos of the women, the money, and the fun the husband was having while his family bank account was $400 overdrawn. The attorney took the information in the report, presented it to the judge after the husband claimed he was financially strapped, and got a great result. Here is the text message my client sent me as she was leaving court. By the way, she was able our investigators in full on her court date as we had agreed.
“Thanks for all you did for me and the kids!! Today was pretty much a success. He didn’t have to take the stand but my attorneys opening statements said enough to paint a picture for the judge of what this “supposed poor guy trying to make ends meet with his new business.” Hell his attorney didn’t have anywhere to negotiate for him after that.
Basically the judge said he didn’t care if he had to get a 2nd or 3rd job he had to put 7400 a month in a joint account for family expenses…and I got a little bonus of $700 on top of that in a special account for myself for hair, skincare, whatever I like:-)! ”
This case was a very rewarding for our private investigators. We saw what this husband was doing to this wife, we knew we had to help even though she had no way to pay us at the time. We can count it as a win for our client, another unfortunate loss for the institute of marriage.