Is It Legal To Spy On Your Spouse During An Orlando Divorce?

If you suspect your spouse of cheating, withholding assets, or other forms of subterfuge, you may be tempted to spy on them. However, the Florida courts will only consider evidence that is legally obtained. While you won’t be tossed in jail for spying on your spouse, the information you acquire through spying may not be admissible in court. In this article, the Orlando divorce lawyers at Greater Orlando Family Law will discuss the legalities behind spying on your spouse during your divorce.

The exclusionary rule in Florida civil proceedings 

You’re unlikely to face criminal charges for spying on your spouse during or before your divorce. However, the Florida courts are pretty picky about what evidence they consider during formal hearings. If the evidence was not obtained legally, then the Florida courts could ignore it entirely. Nonetheless, the issue is complicated. What if your spouse left their email up on a shared computer? Did the spouse have a reasonable expectation of privacy? These are all questions that the Florida courts will have to answer when it comes to determining whether or not the evidence was obtained legally.

When is “spying” on your spouse legal? 

In most cases, spying on your spouse is legal under the following circumstances:

• During voluntary two-way communication
• Your spouse consented to the surveillance
• When you share a device and there is no “reasonable expectation of privacy,” (but you cannot open emails addressed to your spouse)
• You can record in a public place where your spouse has no reasonable expectation of privacy
• You obtain information via a court order
• In some cases, you can spy on your spouse to protect the safety of your children, but you have to be careful about using this as a justification

In some cases, you’ll be operating in legal gray areas. That’s why it’s always better to let your lawyer find the information you require using aboveboard methods.

When is spying on your spouse illegal? 

Spying on your spouse is sometimes illegal, and you can actually face charges if you don’t understand the law. Spying on your spouse is generally considered illegal under the following circumstances:

• Electronic communications -The Electronic Communications Privacy Act (ECPA) makes it illegal to intercept or access electronic communications, such as emails, phone calls, or text messages) without the consent of the other party. This does not include social media posts since there is no expectation of privacy.

• Oral communications – Florida law requires consent of all parties to legally record a conversation.

• Electronic devices – You cannot obtain information from unauthorized access to your spouse’s electronic devices, which would violate the Computer Fraud and Abuse Act as well as Florida law.

• Tracking devices – Using tracking devices to track your spouse is illegal.

• Hidden cameras – Placing hidden cameras in areas where your spouse has a reasonable expectation of privacy is illegal.

In addition to the aforementioned, stalking and violating a restraining order are both illegal and can result in real criminal charges if you are caught. You should speak to an attorney about what you can and cannot do in terms of recording or spying.

Talk to an Orlando Divorce Lawyer Today 

Greater Orlando Family Law represents the interests of Orlando residents who are going through a divorce. Call our Orlando family lawyers today to schedule an appointment, and we can begin advising you right away.