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Digital Spying and Divorce

Digital Spying and Divorce

Digital Spying and Divorce

Common Methods of Digital Spying During DivorceDigital Spying and Divorce

Spouses involved in a divorce may be tempted to monitor their partner’s online activities without consent. This could include checking browsing history, emails, social media messages, and account activity. While the impulse is understandable, secretly monitoring a partner’s private data is unethical and illegal.

Legal Implications

Digital spying violates privacy laws. In Florida, it’s essential to be aware that spying on your spouse’s phone, including their messages or emails, without their consent may not only breach their privacy but also potentially violate state laws regarding electronic communications and privacy rights. Evidence gathered without explicit consent is not admissible in court. Judges frown upon unethical practices like hacking or spying, which could negatively impact divorce and custody outcomes.

How An Attorney Can Help

A family law attorney can determine if any evidence was obtained illegally by digital spying. If so, they can ensure it does not adversely impact your case. The right legal counsel can protect your interests during this challenging time.

The following is a DRAMATIZATION AND IS NOT AN ACTUAL EVENT: Martha was suspicious of her husband’s late nights at the office. While Jim slept, she installed monitoring software on his phone which forwarded copies of his texts and emails to her account. She discovered correspondence suggesting Jim was having an affair.

In this fictional example, Martha resorted to unethical digital spying which could damage her legal standing. A lawyer could have properly counseled her on gathering usable evidence.

Using GPS Trackers to Monitor a Spouse

Some spouses secretly install GPS tracking devices in vehicles or devices to monitor their partner’s locations and activities during a separation. While understandable, covert tracking infringes on individual rights.

Legal Implications

Tracking a spouse without consent violates privacy laws. Evidence found this way is inadmissible and puts you in legal jeopardy.

How An Attorney Can Help

Beyond counseling on digital tracking laws, your lawyer can request location data through legal procedures if reasonable cause exists. This obtains evidence in an ethical manner.

Accessing Private Accounts and Devices

Gaining access to a partner’s password-protected accounts, devices or cloud data without permission constitutes hacking and is illegal . We strongly advise against this due to stark legal consequences.

Legal Implications

Digital snooping breaks privacy laws. It can be prosecuted as unlawful access of stored data. Any evidence found via hacking gets thrown out of divorce court.

How An Attorney Can Help

Counsel your impulse to access private data. Your attorney can use legal methods like subpoenas to obtain digital evidence if justified.

Using Spyware Apps Without Consent

Some suspicious spouses secretly install spyware apps on their partner’s devices during a divorce. While the apps may uncover data, deploying them without explicit consent is unlawful.

Legal Implications

Spyware use without permission violates data protection and anti-hacking laws. Courts exclude related evidence while leaving you legally accountable.

How An Attorney Can Help

Rather than playing digital detective, focus efforts on your case. Experienced counsel can obtain lawful access to data if spying concerns exist.

Digital Spying and Florida LawDigital Spying and Divorce

Florida takes digital privacy laws seriously, with additional state statutes prohibiting unlawful data access and surveillance.

Legal Implications in Florida

Under Florida Statute 934.03, it is illegal for a person to obtain or access stored communications such as texts, emails, and private messages without consent. This includes using spyware or hacking methods to surveillance a spouse’s online activities. Florida also has a two-party consent wiretapping law which makes it illegal to record private phone calls or install tracking devices in a vehicle without permission from both parties.

Additionally, evidence acquired through digital spying or wiretapping is not admissible in Florida divorce courts. Judges frown on unethical practices. Violating privacy statutes also carries civil penalties and criminal consequences like fines or jail time in Florida.

How a Florida Attorney Can Help

A family law attorney well-versed in Florida laws can advise on whether any evidence against a spouse was obtained illegally through digital spying. They can also file appropriate counter motions to prevent unlawfully accessed data from being used. By understanding your rights and avoiding illegal surveillance activity, an attorney can best build a strong legal case for you during your Florida divorce.


Digital spying seems an easy way to find divorce evidence but has stark legal risks. Consult an attorney first rather than secretly spying on  your spouse. Ethical practices better serve long-term interests. Protect yourself by contacting our office today for proper counsel.


1. Is it illegal to read my spouse’s texts without consent?

Yes, accessing private communications without permission violates digital privacy laws. Evidence found this way can jeopardize your case.

2. Can I hide a GPS tracker in my spouse’s car to follow them?

No, tracking a spouse’s location without consent is unethical and unlawful, carrying legal penalties.

3. What if I find incriminating evidence by hacking my spouse’s email?

Ethically obtained evidence holds more legal weight. Data gathered via hacking gets excluded and leaves you liable to privacy lawsuits or prosecution.

Contact us today to schedule your free case review if digital spying concerns exist in your divorce. Our ethical practices help build strong legal outcomes while avoiding unwanted risks.

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