Weisberg & Weisberg, P.L.L.C.
Contact Us Today For A Consultation Offering Free Consultations on Criminal and Personal Injury Matters

Can you legally spy on your spouse?

You have the faint feeling that your spouse might be cheating on you. Would it be so wrong to take a look at last night's late text messages that he was sending to his "friend?" What happens if you find something is wrong? Can you collect that evidence for your divorce?

Spying on your spouse is a somewhat gray area in law. There are times when tracking what your spouse does or is saying is legal, and there are times when you could be breaking the law.

Some spy apps simply aren't legal, and if they are, they walk a fine line. For example, spyware and keyloggers that you install on your spouse's computer could be illegal, especially if that is his specific electronic device that you do not use. For example, a work computer might not be community property under law the way a home computer would be.

Federal law makes it a criminal act to look at another person's private online accounts unless that person already expected to share that account with you. For instance, if your spouse gave you his password, then you should be able to support your claim that the computer and account was community property and that you had a right to access what was in it.

If you want to collect evidence from your spouse's phone, tablet, computer or other devices, you may want to consult your attorney first. If the evidence is collected in the wrong manner, you could get yourself into trouble and have evidence that is not admissible in court.

Source: Divorce Mag, "Should You Use an App to Spy on Your Cheating Spouse?," Mary Fetzer, accessed May 10, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

Let's Do This Together

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

Newport News Office
744 Thimble Shoals Blvd
Suite B
Newport News, VA 23606

Phone: 757-528-2643
Fax: 757-310-6926
Newport News Law Office Map