Relationship experts agree that snooping can be toxic to a marriage because it violates privacy and trust. But if you think your relationship is already beyond repair, can it do any harm?
Maybe you suspect your spouse is cheating on you, or has money somewhere that he or she isn’t telling you about. It might be tempting to snoop on your spouse’s phone or computer to dig up some dirt, especially if you’re pretty sure you’ll find something there. But you might not just be crossing a line of civility and ethics, it could even be illegal.
Instead of snooping, talk to your attorney about how to get the information legally. Evidence obtained illegally might not be allowed in court anyway—and you might even have to serve time in prison! The experienced family law attorneys at Kendall Gkikas & Mitchell, LLP understand how to make the discovery process an effective way to gather the information you need, legally. If you have questions, call today for an initial consultation.
How can I get the information without getting in trouble?
Your attorney can request information from the other party as part of the discovery process during your divorce. Discovery is the fact-gathering process where each spouse asks for documents and facts about financial and other matters affecting the divorce. If a party doesn’t produce what is asked for, hides information, or lies about the facts, there are serious consequences.
During the divorce process, emails and texts between you and your spouse, or information that is shared publicly on social media is often used to show proof of issues or a spouse’s behavior. Correspondence between the two of you and public information will be admissible. But private information can be a different story, especially depending on how you got it.
Spyware and illegal snooping
Spyware software gathers information about someone’s web browsing habits and transmits personal data to another. It might even be able to remotely control the computer’s video camera and microphone. Installing spyware on someone else’s computer is clearly illegal, but it can be difficult to tell where the lines are crossed when a computer is jointly owned.
What about logging into your ex’s social media, email, or phone without permission? Some spouses have also used hidden cameras or audio recorders, or GPS trackers. California law prohibits recording private conversations or telephone calls without the consent of all parties—and the punishment can be up to a year in prison. The laws about other forms of snooping are complicated and changing, so talk to an experienced family law attorney before you act and get yourself into serious legal trouble.
What if I think I’m the one being spied on?
If you suspect that you are being spied on, let your attorney know. If you are being threatened or stalked and are afraid for your safety, contact law enforcement immediately. It may be necessary to get a restraining order, so don’t wait to get help!
Take steps to protect yourself
There are steps you can take to protect yourself from being spied on. You should take precautions to protect sensitive information as soon as possible. If you aren’t confident that you can do these things yourself, get a computer professional to help.
Here are some basic steps you can take to make sure your information is secure:
- Change your passwords and make them strong.
- Don’t stay logged into password-protected accounts, even on your own computer.
- Set up your cell phone to require a password.
- Check your cell phone and remove suspicious apps.
- Make sure your router’s firewall is truly secure.
If you have additional questions about your rights during a divorce and how to obtain information legally, make an appointment with Southern California’s top divorce attorneys at Kendall Gkikas & Mitchell, LLP. Call 909-482-1422 or email info@parents4children.com to make an appointment today.
