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Is it Illegal to Spy on my Cheating Spouse?

Posted on December 29th, 2017 by Oddo & Babat, P.C.

You will likely feel hurt and betrayed if you suspect that your spouse is cheating on you. This is a perfectly understandable feeling to have. Despite this, you may act irrationally due to the emotions you are experiencing. For example, when it comes to obtaining information regarding your spouse that is incriminating, you may attempt to go outside of what is within the confines of the law.

Cell Phone Wiretaps

You could be at risk of criminal and civil charges if you are caught making efforts to record conversations your spouse is having. Some states may require that both parties consent to the recording while others may only require the consent of one person. The recording may be admissible in court if you were not part of the conversation that you recorded of your spouse.

Email Accounts

These days, accessing the email account of your spouse is quite easy. If the password saved automatically, you may be able to get into the email account through the use of your computer. However, you could face criminal charges if you access an email account without the person’s permission.  

Text Messages

Advances in technology allow you to use your computer or smartphone to download text message from your spouse’s phone. With certain software, you may even be able to access text messages that have been deleted. If you do not own the phone, it may be illegal to obtain these text messages from your spouse’s device. In court, these text messages may not be admissible.

Tracking Your Spouse with GPS

There could be legal ramifications for putting a GPS tracker on your spouse’s vehicle to gather information regarding where they may be going. You could face serious criminal charges if the vehicle is owned or leased by your spouse. According to community property law, you do not have the right to track your spouse’s vehicle with a GPS tracker.  

When it come to wiretapping laws, they must be followed, even if you are going through a divorce. Your spouse has the right to bring forth civil or even criminal charges if you attempt to illegally gather information. Lack of awareness does not mean that you will be exonerated from breaking the law. Prior to gathering any evidence against your cheating spouse, it will be important that you meet with a divorce attorney. A family lawyer Arizona residents turn to can provide you with legal advice that will ensure that you do not break the law trying to gather evidence against your cheating spouse.


Thanks to our friends and contributors from Hildebrand Law for their insight into family law.


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