Modern divorce disputes do not involve only houses, bank accounts, children, and physical property.

They can also involve smartphones, location-sharing applications, GPS devices, vehicle trackers, shared online accounts, and other technology capable of revealing where a person goes and what that person is doing.

That raises an increasingly practical question:

Can your husband or wife legally track you during a Texas divorce?

Texas law specifically addresses the issue. Under Texas Family Code § 6.501, a court handling a suit for dissolution of marriage may issue a temporary restraining order prohibiting certain conduct, including tracking or monitoring a spouse's property or vehicle without effective consent.

The statute is broader than many people might expect.

Texas Family Code § 6.501 Allows Temporary Restraining Orders During Divorce

Texas Family Code § 6.501(a) provides that, after a divorce suit has been filed, a court may issue a temporary restraining order without notice to the other spouse when necessary for the preservation of property and protection of the parties.

The statute contains a long list of conduct that a court may prohibit.

Among other things, the court may prohibit a spouse from threatening the other spouse, damaging property, concealing assets, accessing certain electronic accounts, interfering with utilities, or taking control of a vehicle possessed by the other spouse.

The statute also expressly addresses tracking.

Section 6.501(a)(27) allows a court to prohibit a party from:

“tracking or monitoring personal property or a motor vehicle in the possession of a party, without that party's effective consent”

The statute then specifically provides that prohibited conduct can include:

“using a tracking application on a personal electronic device”

or using a tracking device.

It also extends beyond electronic technology to physically following the spouse or causing someone else to do so.

This means Texas divorce law expressly contemplates the modern problem of one spouse using technology—or another person—to monitor the movements of the other.

What Kinds of Tracking Could Be Covered?

The statutory language is intentionally broad.

A dispute could potentially involve technology such as:

• a GPS tracking device attached to a vehicle;
• a location-tracking application installed on a phone;
• a device hidden in a purse, backpack, or other personal property;
• location information obtained through a shared electronic system;
• or another person being asked to physically follow the spouse.

The precise legal consequences depend on the facts, the technology involved, consent, and the language of any court order.

But the important point is that a spouse should not assume that tracking is permissible merely because the parties are still legally married.

Marriage does not eliminate every privacy interest between spouses, particularly after divorce litigation has begun.

What Does “Effective Consent” Mean?

Section 6.501 does not simply prohibit all forms of location sharing.

The statute focuses on tracking or monitoring performed without the other party's effective consent.

That distinction matters because many married couples voluntarily share their locations.

For example, spouses may use a family location-sharing service so they can find each other, coordinate childcare, locate a lost phone, or see when someone will arrive home.

The existence of location sharing during an intact marriage does not necessarily answer what may happen once the relationship deteriorates.

A person may withdraw consent. A dispute may also arise over whether consent actually existed for a particular device or method of monitoring.

The safest approach during contentious divorce litigation is not to assume that historical access to a spouse's location creates an unlimited continuing right to monitor that spouse.

Texas Divorce Law Also Addresses Passwords and Electronic Accounts

The tracking provision is part of a much broader statutory framework governing electronic conduct between divorcing spouses.

Texas Family Code § 6.501(a)(23), for example, permits a temporary restraining order prohibiting a party from:

“using any password or personal identification number to gain access to the other party's e-mail account, bank account, social media account, or any other electronic account”

This can surprise divorcing spouses.

During a marriage, couples often know each other's passwords. They may share computers, tablets, bank accounts, streaming services, cloud storage, and other electronic resources.

But knowing a password is not necessarily the same thing as having an unlimited legal right to continue using it after a divorce has been filed.

A divorce transforms many informal household arrangements into potential legal disputes.

Deleting Electronic Evidence Can Also Become a Problem

Texas law addresses the other side of the digital problem as well.

A spouse who discovers that divorce litigation is coming should not simply begin deleting messages, social-media content, financial records, or other potentially relevant information.

Section 6.501 permits courts to prohibit the destruction or alteration of electronic evidence relevant to the divorce.

The statute specifically addresses emails, text messages, video messages, chat messages, electronically stored information, metadata, and social-network content.

In other words, Texas family law recognizes that a modern marital estate and a modern divorce case may exist partly in the digital world.

A spouse cannot necessarily solve a legal problem by deleting the evidence any more than someone could traditionally solve one by shredding the relevant paperwork.

Can a Court Stop the Tracking Immediately?

Potentially, yes.

One important feature of § 6.501 is that it authorizes a temporary restraining order without notice to the adverse party after a divorce case has been filed.

This does not mean every allegation automatically results in an order, and it does not mean a temporary restraining order finally determines the parties' rights.

Instead, temporary relief is designed to preserve the situation and protect the parties and property while the case proceeds.

Texas Family Code § 6.502 separately authorizes temporary injunctions and other temporary orders after notice and hearing. Among the permitted forms of relief is an order prohibiting conduct described by § 6.501(a).

Thus, conduct initially addressed through a temporary restraining order may later become the subject of temporary orders while the divorce remains pending.

A Divorce TRO Is Not Necessarily the Same as a Family-Violence Protective Order

This distinction is important.

A temporary restraining order entered in a divorce case under Chapter 6 of the Texas Family Code is not automatically the same thing as a protective order based on family violence.

Texas law has separate procedures for protective orders, and different factual and legal requirements may apply.

Tracking behavior can nevertheless become relevant in more than one legal context. Depending on the circumstances, persistent or threatening surveillance may implicate legal issues extending beyond the ordinary management of a divorce case.

Anyone facing conduct that creates an immediate safety concern should therefore consider whether remedies beyond an ordinary divorce TRO may be appropriate.

What If the Car or Phone Is Community Property?

Ownership does not necessarily resolve the question.

Section 6.501(a)(27) refers to personal property or a motor vehicle “in the possession of a party.”

That wording matters.

Texas divorce law frequently distinguishes between ownership and possession. Property may ultimately be determined to be community property, separate property, or subject to competing claims, but the court can still regulate how the parties interact with that property while the divorce is pending.

A spouse should therefore be cautious about assuming:

“I own part of the car, so I can secretly track it.”

The statute does not frame the restriction solely in terms of who holds title.

Technology Has Changed Ordinary Divorce Litigation

A generation ago, following a spouse usually required physically following the person or hiring someone else to do it.

Today, a device smaller than a coin or an application running quietly on a smartphone may reveal a person's movements continuously.

Texas law has adapted to that reality.

Family Code § 6.501 expressly recognizes tracking applications, tracking devices, electronic accounts, social-media content, electronically stored information, and metadata.

For divorcing spouses, that creates an important practical rule:

Do not assume that technological ability equals legal authority.

Having access to an account does not necessarily mean you should use it. Knowing a password does not necessarily mean you should log in. Being able to see a spouse's location does not necessarily mean you are entitled to monitor it.

And secretly attaching or using a tracking device during contentious divorce litigation can create a legal problem that did not need to exist.

The Bottom Line

Texas courts have significant authority to control the conduct of spouses while a divorce is pending.

Under Texas Family Code § 6.501, a court may issue a temporary restraining order prohibiting a spouse from tracking or monitoring personal property or a motor vehicle in the other spouse's possession without effective consent. The statute expressly includes tracking applications, tracking devices, and even physical following.

The same statute also addresses unauthorized access to electronic accounts and destruction or alteration of electronic evidence.

For Texans going through a divorce, the broader lesson is straightforward: marriage does not give either spouse unlimited authority to digitally monitor the other once a dispute has reached the courthouse.

When location tracking, account access, surveillance, or electronic evidence becomes an issue in a divorce, the safest course is to obtain legal advice before taking matters into your own hands.

This article is for general informational purposes only and does not constitute legal advice. Every divorce and temporary-order dispute depends on its particular facts.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.