Can I Legally Investigate My Spouse’s Infidelity?

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Suspecting a spouse of cheating might be an emotionally painful experience that might influence you to act irrationally. Even though you might feel justified doing everything to catch and after that punish your spouse, this can lead to legal trouble for you later. If you act in ways which are unlawful, you might expect serious implications. 

Recovering Text Messages

Technological innovations like mobile phones give us the capability to sleuth efficiently. Certain applications on your phone can download text messages onto a pc for viewing or pull up previously deleted messages. While you're able to do that, it might be illegal if you don't own the telephone. In several cases, the texts are inadmissible in court, so even when they divulge that your spouse cheated, it'll not exonerate you from an unlawful act. 

Wiretapping a Phone Line

An attempt to record phone conversations without the knowledge of your spouse might be considered a criminal or civil offense. A few states require just one person’s consent whilst other states require both individuals on the call to consent to the recording. If you weren't part of the phone conversation at all, then your recording can be considered inadmissible. 

Accessing Email Accounts

Criminal charges might apply to access a spouse’s e-mail account without their consent. It may be very easy nowadays to determine how to get in, but you must understand that the implications might be steep. 

Using a GPS Tracker

A GPS navigation tracker might give you the answers you're searching for, however, it can also put you at risk for a criminal charge. Under community property aw, you don't have any legal rights to tamper with a spouse’s vehicle by installing a GPS navigation tracker. 

Privacy

Both spouses in a divorce proceeding must follow federal and state privacy laws–if a spouse tries to gather info illegally, then the other spouse can file criminal or civil charges against them. Even when you weren’t aware of the laws prior to the acts, it doesn’t mean you're absolved of liability. Before you begin gathering evidence of infidelity, consult a

Tampa Divorce Attorney, FL trusts to prevent from facing further charges outside divorce court. Your lawyer can even help you gather evidence legally in order that you can have a strong base of evidence in divorce court. Rest assured that you'll likely be facing criminal and civil charges against you should you act alone. 

Thank you to our friends and contributors at The Law Office of Ryan S. Dougray for their insight into divorce and family law. 

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