The prospect of your spouse cheating on you may cause feelings of anxiety and heartbreak, and possibly, rage. This is pretty standard for such a situation, but you should take care to not allow your emotions to cause you to do something irrational. You may want to gather proof of this cheating, but you may be committing unlawful acts in the process. Read these brief bullet points to get an idea of what could land you in hot water when gathering evidence of cheating.
Downloading Your Spouse’s Text Messages
There is an app for everything now, including downloading text messages from someone else’s phone. You can even get software to look at deleted text messages. just because he technology is available does not guarantee its legality. You may still be violating the law and those text messages will be considered inadmissible in court.
Recording Calls on Your Spouse’s Cell Phone
You could face criminal or civil charges if you resort to wiretapping or recording calls with your spouse. Some states require one party consent to recordings, but others require consent of both parties. If you were not participating in the call you recorded, it may be dismissed from the courtroom.
Accessing a Private Email Account
It can be pretty easy to access a private email account. It may be as simple as getting into an email account that has the password auto-saved by their browser. However you could be criminally charged if you access the account without your spouse’s permission.
Tracking Your Spouse With a GPS
You may discover where your spouse has been and where they are going by utilizing a GPS tracker. However, if the vehicle your spouse drives is a rental, you may be looking at criminal charges for your illegal tracking. Also, you don’t have the legal right to implement a tracker on your spouse’s car according to community property law.
Adhering to Privacy Laws
You must follow the federal and your state’s wiretapping laws, especially during a divorce. An attempt to gather information through illegal means by one spouse allows the other to pursue civil and/or criminal charges against them. This applies even if you did not know about the law which is why you should consult a divorce attorney Tampa, FL residents trust before you begin any surveillance for evidence-gathering.
Having an experienced divorce lawyer guide you can heighten your chances at a successful divorce settlement and may prevent you from landing into a separate legal situation yourself. Contact a lawyer for a consultation today to avoid making mistakes in the beginning and to move forward with the process.
Thank you to our contributors at the Mckinney Law Group for the above information.