Spying in Divorce is More Common, But Still Not a Good Idea

November 29, 2012

Often, by the time a couple decides to get a divorce, the spouses have built up a significant amount of distrust for each other. It is not rare for one spouse to suspect the other of infidelity, hiding or mismanaging assets, or other types of dishonesty.

The temptation to "spy" on a spouse has always existed. However, in this modern age, the opportunities for surveillance are much more accessible than they ever have been. This doesn't mean that spying during a divorce is necessarily a good idea, though.

The most common method of spousal spying involves evidence from emails, text messages and social networks. Gathering this type of information can be as easy as reviewing an unattended cellphone or as complex as surreptitiously installing computer software that allows the user to copy emails and instant messages. This type of behavior has increased dramatically in recent years. A recent survey of the American Academy of Matrimonial Lawyers revealed that 92 percent of divorce lawyers have seen an increase in evidence gathered from smartphones over the last three years.

In some cases, the spying is even more high-tech. GPS tracking devices are easy to find and relatively affordable. Some spouses have used these devices to track their partners' movements, often because they suspect their partners of having an affair. Others have taken to using hidden cameras to see what their partners are up to.

Consequences of spying in divorce

It is important to understand, though, that just because these products are available does not mean that it is advisable -- or even legal -- to use them in a divorce.

In some cases, electronic snooping can be a crime. Individuals who install spying software on a computer or who listen in to private phone calls may be charged with violations of state or federal wiretap laws. People who are caught tracking or following their partner could be charged with stalking.

The mere fact that spying software or devices can be purchased legally doesn't necessarily mean that using them isn't a crime. Many of these items are legal for some purposes -- like parenting or business uses -- but not for spying on a spouse.

Even if the spying doesn't constitute a crime, it can still present a major problem in a divorce. Judges tend to look down on behavior that makes a spouse feel unsafe, and will take that into account when crafting a divorce order. The implications can be particularly acute when child custody is at issue.

If you have suspicions about your spouse's fidelity or honesty, it is better to talk to your divorce attorney than to take matters into your own hands. Your attorney will be able to work with you to collect evidence in a way that does not prejudice your case.

Article provided by Goldstein & Bachman
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