Spouses Turn to Digital Spying Gear When Suspicious
Typically, when a spouse thought the other spouse was cheating, hiding assets or lying about some other fundamental aspect of the marriage, he or she traditionally turned to a private investigator. However, with an increase in spy gadgets and other technology, many individuals are taking control of this process in order to digitally spy on their spouse.
Technological spying tools
Today’s consumers have a wide range of possible tools to add to their arsenal. They may purchase hidden cameras, GPS trackers, digital recording devices and other items designed to help them spy on their spouse. Some items may be for other, non-spying purposes but ultimately used for these purposes. Additionally, spouses may use their phones, keystroke software or other software or apps to monitor their spouse’s physical location or online activity.
Effect of digital spying
When spouses digitally spy on their spouse, they may accumulate evidence to use against them in a divorce action. However, if evidence is procured through illegal means, this evidence may not be admitted as evidence.
Parties may cross the legal boundary if they intercept communications in an illegal mean, such as wiretapping or eavesdropping. It is important to understand the potential Tennessee laws that may be implicated before starting any digital spying. The criminal defense and family law lawyers at Dotson & Taylor can explain these laws to you.
Another fundamental question is whether a person owns the property that he or she is trying to monitor. For example, if a spouse suspects the other spouse is carrying on an affair, he or she may leave a phone or tablet in the vehicle to track the device’s location. In other situations, a spouse may track a jointly-owned vehicle. These practices may technically be legal when the person owns the property that is being tracked. However, there are exceptions. For example, even if a spouse paid for a phone, the other spouse may be entitled to the expectation of privacy in that device due to its intimate use. Adding spyware on another person’s phone may not be legal even if the spouse paid for the phone. Likewise, if a spouse puts spyware on a computer or tablet that the other spouse owns, this practice may not be legal.
It may be difficult for individuals to remove spyware from their devices. Often, it may require a digital investigator to locate the spyware and remove it, which may cost more than the tracked device is worth.
If you are considering divorce, contact our knowledgeable Murfreesboro divorce lawyers for guidance
If you are contemplating divorce or separation from a straying spouse, our experienced divorce lawyers at Dotson & Taylor can help. We work diligently through each stage of the process, protecting your rights and your best interests. Contact us online or call us at (615) 890-1982 to schedule a free initial consultation. Our office is conveniently located downtown, and we accept all major credit cards.