Spying on Your Spouse in Divorce

Posted by Diane Cherry, Managing Partner | Mar 16, 2021

Illegal Spying on Your Spouse
Spying on Your Spouse in Divorce

Everyone wants to spy of their spouses to find out what they are up to.  Is my spouse cheating?  What is my spouse saying to the kids when I'm not around? What is he or she spending money on?  And what advice are is he or she getting from others? Wouldn't it be nice to know??

Of course it would to nice to know everything your spouse is doing but just because you want to know doesn't mean you have the right to know.   Tracking your spouse's location, installing a monitoring device on their computer or recording their phone calls may sound like a great idea but can lead you to trouble.  

While hiring a private investigator to take photos of your spouse in public is perfectly legal, most computer spying and surveillance is illegal.

Some judges take a very hard line when they hearing about llegal spying and will throw the book at you -- referring you to the District Attorney's Office for prosecution if they think you broke the law by intercepting your spouse's private communications.  Other Judges may brush the spying under the table because they hear about it all the time.

Don't risk a criminal charge in an effort to out maneuver your spouse.  Play fair and above board.  Focus on getting through your divorce quickly without violating any laws or your spouse's privacy and you will sleep better at night.

About the Author

Diane Cherry, Managing Partner

I am an Atlanta area Family Law Attorney who has represented hundreds of clients in federal and state courts and administrative hearing cases throughout the State of Georgia.


Separation and divorce are often the most difficult times of a person's life. Our family law experts are dedicated to representing every client with integrity, dedication, and with the understanding that you are trusting us to help resolve your divorce or family law matter as if you were a member of our family.

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