Can You Spy on Your Spouse During a Divorce?

Divorce is always challenging but for some spouses, it is especially difficult. A person may believe that their soon-to-be ex-spouse cheated on them during the marriage, or that they are hiding assets. In these cases, divorces are particularly emotional and people find themselves taking actions, or considering actions, that they never would have before. One of those actions is spying on their spouse, often online using social media platforms. So, when you are going through a divorce, is it okay to spy on your spouse?

When Spying is a Crime in Florida

Certain spying tactics are considered illegal in Florida, so before snooping, it is important to understand what those laws are. For example, under Florida law, you cannot record a person unless they have provided consent to the recording. You also cannot hack into their emails, which is a cybercrime, or follow them, which could be considered stalking. Due to the fact that these are criminal offenses in Florida, you may face serious consequences if you are convicted of the crime and will definitely be in a worse position than you were before.

So, if you are not considering any of these acts but something much more innocent, such as simply checking out their social media profiles, is that okay?

Non-Criminal Acts of Spying

Not all spying is a crime. If your spouse has a public profile on a social media platform, for example, checking it out is not going to get you in trouble with the law. Unfortunately, it likely will not provide the information you are looking for, either. People going through a divorce typically do not publicly flaunt anything that will hurt them in their case, such as a spouse that is hiding or dissipating assets so they are not part of equitable distribution is unlikely to talk or post about it in a public forum.

In these cases, spying on your spouse is likely only going to make the divorce process even more emotional and stressful for you, particularly when it is unlikely that you will find what you are looking for. In these circumstances, it is always best to speak to an attorney. A divorce lawyer can conduct an investigation, subpoena records, and use the discovery phase of a trial to find the information they may be looking for, such as hidden assets. Divorce lawyers are very experienced in this area and will not only have more success with their investigation, but they will also save you a lot of unnecessary emotions.

Our Florida Divorce Lawyers can Help

It is natural to want to know everything about your spouse during a divorce, as some of that information may help your case. However, spying on your spouse is not a good idea. At O’Mara Law Group, our Orlando divorce lawyers know how to get the information that will help your case, and will work with you at all times to protect your best interests and save you from as much stress as possible. If you are going through a divorce, call us today or contact us online to schedule a meeting with one of our knowledgeable attorneys.


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