Hidden cameras, listening devices, spying software - there are a host of technologies available to spy on the nanny, the children, the spouse. But that really may not be a good idea if you are thinking of using the information you gain in divorce court. In some states, husbands and wives have found themselves facing hefty fines for violating the law. Worse yet, the evidence may be found inadmissible in court.
There are laws regarding the privacy of electronic communications and phone calls. If you use surveillance equipment to spy on your spouse's online activities or to secretly record phone calls, you may find yourself on the wrong side of those laws.
- Getting others to do the dirty work could also result in legal problems if you knowingly hire someone to break the law while gathering evidence, such as:
- Calling the phone company and pretending to be someone else
- Secretly recording your spouse's phone calls or conversations (a federal violation)
- Hacking into your spouse's work computer to check their email (hacking into a home account is likely not to be a problem if the home computer is used by both spouses)
Technology-related privacy violations generally fall under the Federal Wiretapping Act, but that Act couldn't anticipate all the technologies available today. So enterprising spousal spies may find themselves in court as a test case if a soon-to-be ex challenges their spying procedures. It's wise to let you divorce attorney advise you or to gather the evidence you need to make your case through lawful discovery.
For more information on these matters, please call our office at 305 548 5020.
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