While extramarital affairs and other conduct that can lead to a divorce happen IRL (“in real life,” in Internet parlance), the evidence that can confirm or prove such activities can be found in cyberspace or in our ubiquitous electronic devices.
Information contained on cell phones, laptops, tablets, social media accounts, texts, and e-mail can be used as evidence in divorce proceedings under certain circumstances. But if that evidence was obtained by spying or snooping on an unsuspecting spouse, the evidence may not only be worthless in court, it can lead to criminal charges for the would-be James Bond.
Spyware, hacking, GPS trackers, and recording devices can all be used to intercept such data and communications. But there are federal and state laws that provide protections for certain electronic communications and data. When there is an expectation of privacy or confidentiality in such information, it can be illegal to access it without the knowledge of the parties to the communication.
For example, under the federal Electronic Communications Privacy Act (ECPA), it is illegal to intentionally access another person’s email or private social media messages without authorization to do.
Similarly, federal law makes it a crime to intentionally intercept or attempt to intercept a phone conversation or other electronic communication by use of electronic, mechanical or other devices. This includes the installation of spyware on your spouse’s cell phone without his or her consent.
If you live in New York and are thinking about attempting to record your spouse’s conversations without their knowledge, think again. New York’s wiretapping statute is a “one-party consent” law. This means that it is a crime in New York to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents.
N.Y. Penal Law §§ 250.00, 250.05 provides that “the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of either the sender or receiver” is a Class A felony.
As both technology and the law evolve, there will no doubt be more ways for spouses to snoop on each other and more ways that doing so could get you in trouble with the law. Your best bet is to follow these rules if you want to get electronic dirt on your spouse:
- Don’t use spyware or other methods to gain unauthorized access to or intercept your spouse’s e-mails;
- Don’t record your spouse’s phone calls or conversations without his or her permission unless you are a party to the conversation;
- Don’t plant bugging devices or “nanny-cams” in your house with the goal of using any information recorded on these devices against your spouse.
Always consult with an experienced New York divorce attorney before embarking on any efforts to obtain electronic evidence in relation to your divorce case.
At Clement Law, we provide trusted counsel and effective advocacy to individuals in New York and New Jersey going through the transition of divorce. While thorough and aggressive, we help clients resolve their cases in novel and creative ways in order to minimize strife and reach a positive resolution. If you’d like to discuss any issues relating to divorce, please give us a call at (212) 683-9551 or fill out our online form to arrange for a consultation. We look forward to assisting you.
Divorce FAQs
When you are thinking about ending your marriage, it’s normal to have many questions about your legal rights, responsibilities, and what the process will involve. Our New York divorce lawyer can help you review your options and guide you through each step to protect your goals and interests. Below are answers to some of the questions we commonly hear from NYC clients going through divorce.
What Are The Grounds For Divorce In New York?
New York allows both no-fault and fault-based grounds for divorce. The most common no-fault option is when the marriage has been irretrievably broken for at least six months. Fault-based grounds include adultery, abandonment, cruel and inhuman treatment, imprisonment, and living apart under specific conditions.
The appropriate ground for your case depends on your circumstances and your goals for the divorce. Our NYC divorce lawyer can assist you in choosing the option that works best for your situation.
What Is A Wife Entitled To In Divorce?
A wife may be entitled to a portion of marital property, spousal support, and, in cases involving minor children, child support. Assets and property acquired during the marriage are generally considered marital property and are divided according to equitable distribution.
Spousal support is calculated based on factors such as the length of the marriage, each spouse’s income, and the standard of living established during the marriage. Child support is determined according to state guidelines to meet the children’s needs. Our New York attorney can help you understand what you may be entitled to under state law.
What Money Can’t Be Touched In A Divorce?
Certain assets are considered separate property and are generally not subject to division. These can include property owned before the marriage, inheritances, individually received gifts, and some personal injury awards.
If separate property has been combined with marital assets, however, it may become part of the division. Our divorce lawyer will carefully review your finances to identify which assets are likely to remain protected.
Why Is Moving Out A Mistake In A Divorce?
Moving out during a divorce can sometimes be a mistake because it may be interpreted by the court as abandoning the marital home or relinquishing certain rights. Leaving the residence without a clear plan or legal agreement can affect custody arrangements, access to children, and even property claims.
In some cases, the spouse who stays may gain temporary control over household assets or make decisions about the home that could complicate the divorce process. It’s often better to consult with an attorney before moving out so you understand the potential legal consequences and can take steps to protect your rights and interests.
When Should I Contact A Divorce Attorney?
You should contact a divorce attorney as soon as you start considering separation or divorce. Even before filing any paperwork, speaking with our NYC divorce lawyer can help you understand your rights, obligations, and the steps involved in the process.
Early guidance allows you to organize important financial documents, discuss potential custody or support issues if children are involved, and evaluate the options for an uncontested or contested divorce. Reaching out early gives you time to make informed decisions and take practical steps to protect your interests while reducing stress throughout the process.
Gain A Reliable Legal Partner
Ending a marriage can feel overwhelming, but you do not have to manage it on your own. At the Law Office of Daniel Clement, we handle all aspects of divorce with attention to your needs and clear guidance at every stage. Contact us to speak with our experienced family lawyer and discuss how we can help you move forward with precision and protect your peace of mind.
