We frequently get asked the following questions from our clients when going through a divorce:
- Can I open my spouse’s locked brief case?
- Can I tape my spouse’s phone calls?
- Can I look at my spouse’s email?
- Can I access my spouse’s emails if he leaves the computer on or if I know his password?
- Can I take documents from my spouse’s car?
- Can I place a GPS system on my spouse’s car?
- Can I access my spouse’s communications with her lawyer if I can get into her emails?
- Can I open my spouse’s mail?
While you and your spouse may freely share all kinds of information while you are happily married, things change dramatically at the time of a divorce. We are often confronted with information received by our clients that may in fact cause problems for both the client and for the attorney. How the information was obtained may have a significant impact on whether the information can be used later on or even viewed by your attorney.
In the developing age of technology, there are new ways to obtain information, but you have to be careful about not treading into areas of criminal or civil liability. Of course, even if there is no criminal or civil liability, your actions can cause the court to look unfavorably upon you for less-than-honorable conduct during the divorce. That questioning of your credibility can impact you even more than the “evidence” you want to use against your soon-to-be ex.
Each situation must be individually analyzed. Before taking any steps that may be used against you later, please consult with an attorney.
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