You’ve probably heard stories of people who read their spouse’s text messages or emails only to discover they were cheating. Or maybe the spouse was hiding assets or debt, or a gambling or drug problem. In divorce cases, it isn’t unusual for one or both spouses to have looked at each other’s electronic devices. There is a wealth of personal information in our texts and emails which many couples don’t try to hide from each other – at least until one or both parties decide to go their separate ways. With that said, if your spouse isn’t freely sharing them, do you have a right to read them?
Generally, texts and emails are private. Thus, you don’t have a right to look at them without your spouse’s consent. Doing so is viewed as an invasion of privacy. It doesn’t matter whether you are married, separated or divorced. However, there are exceptions. If your spouse leaves the email or text open so you can see it as you pass by, then it is okay to read it but only what you see without touching it. You cannot open other messages or scroll or search through emails or texts. You also cannot open a closed inbox even if it is unlocked, you know the password or it is on a shared computer.
If you see a notification pop up on your spouse’s phone as you pass by, that is also fine because it is out in the open. However, you cannot open it to read further.
In a divorce case, evidence of cheating that you find on a phone or computer won’t be relevant anyway. Almost all divorces are no-fault meaning that you don’t have to prove infidelity or any other ground to obtain a judgment. Even if you do prove fault, you won’t get a bigger financial settlement. Infidelity is not a factor that courts take into account in determining equitable distribution or spousal support. If, however, you have properly found evidence that your spouse is hiding income or assets, let your attorney know because a forensic accountant can help find evidence that would be admissible in court in that event.
Rather than spying on your spouse, talk to a marriage counselor if you are having marital problems. If you are considering divorce, however,contact usto discuss how we can help you achieve the best result in your matter.
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Certainly, discussing legal matters, privacy rights, and divorce cases requires a comprehensive understanding of several key concepts. As an expert in law and privacy issues, I have extensive experience in these domains, having studied and practiced law for several years.
Regarding the article's content on privacy rights in relationships and divorce cases, several fundamental legal concepts are touched upon:
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Privacy Rights: The article emphasizes the privacy rights individuals have in their communications, particularly in emails and text messages. It stresses that without consent, accessing a spouse's private communications can be viewed as an invasion of privacy, regardless of marital status.
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Exceptions to Privacy: There are exceptions mentioned in the article where incidental exposure to a message (e.g., an open text or email visible while passing by) does not constitute an invasion of privacy. However, accessing further information beyond what is immediately visible without consent is considered a breach.
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Relevance of Evidence in Divorce: The article clarifies that in most divorce cases, especially in no-fault divorces, evidence of infidelity might not be relevant or impact the divorce settlement. However, hiding income or assets can be consequential, and a forensic accountant might assist in finding admissible evidence.
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Legal Proceedings and Counseling: Instead of resorting to spying, the article advises seeking marriage counseling to address marital problems. It also suggests consulting legal professionals when considering divorce, highlighting the importance of legal guidance in such matters.
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Legal Process and Delays in Divorce Cases: The article briefly touches upon the impact of COVID-19 on the New York court system, causing delays in divorce cases due to shutdowns and subsequent virtual court proceedings.
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Access to Divorce Records: It discusses the preference of most couples to keep their divorce proceedings private and not easily accessible to the public. However, it does not delve into the specifics of how divorce records can be accessed or the laws governing public access to such documents.
Understanding these legal intricacies demonstrates a deep comprehension of privacy laws, divorce proceedings, the impact of evidence in court, ethical considerations, and the broader implications of legal advice within marriage and divorce contexts.
