Electronic Snooping And Divorce

At Sabuco Beck, P.C., our Illinois divorce attorneys provide professional counsel to our clients on how to protect themselves during divorce proceedings. One of the most important ways you can do this is by guarding your privacy and communications. Electronic snooping is a genuine concern, and it is important to be aware of how it could impact your divorce case.

Electronic Snooping and Divorce

Under the Illinois Statutes, divorces are granted on the general basis of ‘irreconcilable differences’, rather than on specific fault grounds, such as adultery, habitual drunkenness, or a gambling problem. While not an issue in seeking a divorce, this behavior could come into play when marital settlement agreements are discussed.

As a result, there are incentives for spouses to monitor their partner’s behavior in hopes of getting information that can be used against them. In our modern technological age, this often takes the form of electronic snooping. This includes any of the following types of behaviors:

• Eavesdropping on and recording telephone conversations;
• Videotaping a spouse’s behavior and activities;
• Reading texts and email messages;
• Stalking a spouse via social media posts.

Under the Electronic Communications Privacy Act (ECPA), it is against the law to listen in on  another’s calls using an electronic device, but this does not address simply listening in on their conversation or reading their texts.

How Electronic Snooping Could Impact Your Divorce Case

Forbes reports that information on social media sites, such as Facebook, Twitter, and LinkedIn, is now commonly used as a way for spouses to get information on each other, which is then used as ammunition in court proceedings. Ways in which electronic snooping could impact your divorce case include:

• Alimony: Proving a spouse engaged in an affair or other unsavory actions could be a factor in awarding alimony.
• Marital Property Division: Electronic snooping could show your spouse sold, gave away, or otherwise squandered marital property and assets, entitling you to more in a settlement agreement. It can also be used to uncover any assets they may have intended to hide.
• Child Custody: Questionable, immoral, or illegal conduct or attitudes revealed through video or tape recordings and social media posts could jeopardize parental rights in child custody negotiations.

Reach Out to Our Illinois Divorce Attorneys

Information obtained through electronic snooping could end up being a significant factor in your divorce proceedings. To find out how to counter this information and protect yourself, call or contact Sabuco Beck, P.C. online today and request a consultation. With over 90+ years of combined experience, our Illinois divorce attorneys can guide you in the actions needed to help ensure the best outcome in your case.