Digital spying and divorce

On Behalf of | Jan 8, 2018 | Divorce, Firm News |

When couples in Kentucky divorce, it is not unusual for animosity to emerge. This can be particularly true in situations when allegations of adultery or abuse abound. New technologies have made it easier for spouses to spy on each other, which can potentially have an impact on divorce proceedings.

In one recently reported case, a woman was being tracked by her ex-husband via a GPS device that he had secretly placed in her car. When the device was discovered by a mechanic, the woman went to the police, but a legal loophole made it impossible to press charges. The loophole was created by the fact that the ex-spouses still jointly owned the woman’s car, and it is not illegal to monitor the whereabouts of one’s own property.

In other cases, spouses have been known to use various types of spyware on computers, phones and tablets to track each other’s whereabouts. As with the aforementioned example, the legality of this kind of software is often debatable; although, spouses may use this information in their divorce cases.

Individuals who are considering divorce may want to consider that their spouse could be willing to track their movements using apps or devices. Scanning devices for spyware and asking a mechanic to check out a car for GPS trackers can be good first steps in protecting one’s privacy.

Spouses may also benefit from speaking with a family law attorney. The lawyer could advise the client throughout the divorce process. In addition, the lawyer might also be able to assist in preventing information obtained through spying from being used in divorce court.