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Is digital spying a problem in modern divorce?

On Behalf of | Oct 22, 2020 | Divorce |

Divorce is often messy and you may feel pitted against your spouse. You both want to fight for what you want. In a contentious divorce, it is not uncommon for a spouse to try anything to get the upper hand. 

According to NPR, you should take a moment to consider if your spouse might use digital technology against you in a divorce. 

Easy access

Part of the problem is that digital technology is not only easy to get access to but it also is cheap. Anyone can buy a GPS tracker or install an app that allows them to know where someone else is. In certain divorce situations, this is a terrifying experience. You should have the right in your divorce to your privacy and expect that your spouse will not use such methods. 

Legal issues

The problem with using digital technology is that it is not usually illegal. For instance, if your spouse puts a tracker on a vehicle that you own jointly, there is nothing law enforcement can do because it is property you both own. Your spouse has every right to install a tracker on his or her vehicle. 

However, installing something such as spyware on your phone is not legal. Even so, many in the legal field find it difficult to prosecute these crimes. Attorneys on both sides may be willing to use it as evidence in your divorce, though. 

It could fall into the realm of stalking, especially if your spouse is using it for nefarious means and you have had abuse issues in the past. However, it is expensive to gather the evidence you need and difficult to prosecute.