Evidence from spy technology increasingly used in divorce cases

February 24, 2013 (Press-News.org) Evidence from spy technology increasingly used in divorce cases

Article provided by Schneider Law Firm, P.C.
Visit us at http://www.clientdrivenlaw.com

When a couple is having marital problems, tensions can run high and oftentimes people turn to desperate measures in order to find out if their spouse is being unfaithful. But, thanks to technology, instead of donning a disguise and following a suspected cheater in stealth, spouses can spy on each other from the comfort of their own homes.

According to companies that sell spy technology, such as hidden cameras and GPS devices, sales of these products have been on the rise in recent years. In fact, according to SpygearGadgets.com, in the last year, hidden camera sales have gone up 40 percent and the sales for GPS tracking devices have increased 80 percent. In addition, there is technology on the market that allows a suspicious spouse to copy e-mails and listen to phone calls in order to get proof of indiscretions.

You have the evidence, now what?

Although spy technology makes it easier to get evidence of cheating and other bad behavior that can be used during a divorce case, is it actually helpful?

There is no doubt that the use of this type of evidence is on the rise, thanks in part to the fact that our use of technology has increased exponentially in recent years. According to a survey conducted by the American Academy of Matrimonial Lawyers, 92 percent of attorneys have seen an increase in the amount of divorce cases that include evidence obtained from smart phones -- including text messages, e-mails, information received from GPS devices and phone call histories.

But just because you have this evidence does not mean you can use it. In some divorce cases, the court will not consider evidence that has been obtained through snooping -- so even if the evidence proves an ex's chicanery, the amateur spy cannot benefit from it.

In some cases, evidence that is obtained through snooping can help to win a divorce case, but it is a Pyrrhic victory because it causes serious legal trouble for the sleuthing spouse. In some states, using these tactics is considered a violation of privacy, so even though the evidence was admissible in a divorce case, the amateur spy may end up in hot water in criminal court, facing hefty fines or even prison terms.

In addition, if you use technology to spy on your ex-spouse, he or she may be able to file a civil claim against you for invasion of privacy -- which can make what you won in your divorce case pale in comparison to the judgment that you may be forced to pay if the court rules in your ex's favor.

Get help with your divorce

If you need help with matters related to your divorce, contact an experienced family law attorney. Divorce can be a complicated process, as well as emotionally charged, and it is best not to go through it alone. A lawyer can advise you of your rights and help ensure that your divorce settlement is fair.