Spousal spying can take many forms. It may involve glancing over your spouse’s shoulder while they are sending a text message or putting hidden cameras in your home. Whether you are spying or being spied on, there are several things you should know about spousal spying, particularly in the context of a divorce case.
Why Spouses Spy
A spouse may just be curious about who you’re talking to, how you are spending your money, or other private details of your life. Spousal spying can also have a more direct motive—such as gathering evidence that could be used against you in a divorce.
For example, evidence that you’ve had an affair could have serious consequences in a North Carolina divorce case, especially when it comes to an alimony award. Your spouse may also want to find out if you have secret bank accounts or if you are using marital funds for expenses that your partner doesn’t know about.
What If You’re Being Spied On?
If you believe that your spouse is spying, there are many courses of action you could take. You could confront them and ask what they’re looking for. You could admit to any wrongdoing and attempt to repair your relationship by seeking marital counseling.
In other cases, you may want to get legal advice. If you are worried about a potential divorce or separation, a divorce attorney can help you determine your best course of action.
Legal Consequences of Spying
If you’re thinking about spying on your spouse, tread carefully. Some forms of spying may violate criminal laws, such as the Federal Wire Tapping Act. Consult an attorney before you risk breaking the law to spy on your spouse.
Your spouse could also file a civil lawsuit seeking damage if you’ve invaded their privacy by tapping their phone or recording them without their knowledge or consent.
If you suspect your spouse is having an affair or hiding assets, talk to a divorce attorney about how to proceed. Make sure that you don’t violate any laws when seeking evidence of cheating or financial abuse.
Contact a North Carolina divorce attorney to discuss your options if you are having marital problems or considering a divorce.
At King Law Offices, we understand the challenges involved in any family law matter. Our goal is to help guide you through this process and listen to your concerns. Come visit us at one of our multiple office locations throughout North and South Carolina.
FAQs
Legal Consequences of Spying
Is it illegal for a husband to spy on his wife? ›
A surreptitious intrusion into an area of someone's life that they have intentionally kept separate and beyond your knowledge is spying. It could be illegal. For example, accessing a spouse's password-protected account without permission would likely be considered illegal spying.
What to do if your spouse is spying on you? ›
You may need couple's therapy to resolve these issues. You can also decide to make it much harder for your spouse to spy on you, and hope that he or she quits trying. For example, you can use (and change) passwords on all your devices, use anti-spyware software, and have your home and office swept for bugs.
Can you sue your spouse for spying on you? ›
Absolutely. Intercepting your private electronic communications without permission is a violation of both federal and state wiretapping laws, and could constitute an invasion of privacy “intrusion” claim. In addition, California is what is known as a “two-party” consent state when it comes to recording conversations.
Is spying grounds for divorce? ›
With California's no-fault divorce laws, it may seem pointless to spy on a spouse, but spying remains an all-too-common part of divorce in California.
Can I legally look at my wife's text messages? ›
Generally, texts and emails are private. Thus, you don't have a right to look at them without your spouse's consent. Doing so is viewed as an invasion of privacy. It doesn't matter whether you are married, separated or divorced.
Can my husband put cameras in the house without my permission? ›
Security cameras are allowed on your own property. However, it is illegal to record anyone without their consent in places where there is an expectation of privacy. That includes places like bathrooms, changing rooms, private bedrooms, etc.
Can my husband track my phone without me knowing? ›
There is a way someone can monitor your mobile phone without ever touching the actual device. Spyware (a portmanteau of 'spying software) and stalkerware can be installed on a phone without the owner's knowledge, allowing an attacker to steal information, track activity, and more.
Is it illegal to check your spouse's phone? ›
In most jurisdictions, people have a reasonable expectation of privacy, including within their electronic devices, such as phones. Looking through someone's phone without permission generally violates their privacy rights. However, the rules surrounding this issue can depend on the specific situation.
Can you go to jail for spying on someone? ›
This includes up to six months in county jail, a fine of up to $1,000 for each violation, or both jail and fine. If the victim is a minor or defendant has a prior conviction for PC 647(i), the penalties will increase to up to one year in a county jail and a fine up to $2,000.
Espionage is the crime of spying or secretly watching a person, company, government, etc. for the purpose of gathering secret information or detecting wrongdoing, and to transfer such information to another organization or state.
What is considered invasion of privacy in a marriage? ›
Other situations that constitute an invasion of privacy in a relationship are as follows: Reading your partner's journal. Looking through your partner's personal belongings. Searching your partner's pockets or looking through their car.
Is looking at someone's text messages illegal? ›
Yes. Accessing their phone, social media, or email accounts without consent is a crime. However, if you go beyond that and install an app or malware designed to forward texts, emails, social media messages, or phone recordings to their cell, you can face additional charges under the state's wiretapping laws.
Is it illegal for my husband to secretly record me? ›
Is it legal to record your spouse? The simple answer is no, it is not legal to record your spouse unless that person consents to being recorded. Under California Penal Code section 632, it is a crime to record a telephone call or conversation without the consent of both parties to the call.
What is spousal spying? ›
Spousal spying can take many forms. It may involve glancing over your spouse's shoulder while they are sending a text message or putting hidden cameras in your home.
Can secret recordings be used in divorce court? ›
Can You Use Secret Recordings in Court? In general, the courts in California rule illegally obtained recordings inadmissible as evidence in court proceedings. This means the party with the recordings will be unable to use them during a divorce case unless a judge gives him or her special permission.
Can a husband secretly record his wife? ›
Is it legal to record your spouse? The simple answer is no, it is not legal to record your spouse unless that person consents to being recorded. Under California Penal Code section 632, it is a crime to record a telephone call or conversation without the consent of both parties to the call.
Do you have a right to privacy from your spouse? ›
Some things to remember in any relationship: You have the right to privacy in any relationship, including with your spouse, partner, and family.
Is it illegal for a husband to cheat on his wife? ›
Although adultery laws are mostly found in the conservative states (especially Southern states), there are some notable exceptions such as New York. In general, 3 US states criminalize it as a felony (Oklahoma, Michigan, and Wisconsin) and 14 states along with Puerto Rico criminalize it as a misdemeanor.
Is it legal to track a cheating spouse? ›
Unauthorized access to your spouse's phone, including intercepting and reading their messages or emails, is illegal.
