Evans, GA asked in Divorce for Georgia

Q: Is it legal if two people are still married to plant cameras and wiretap their home that the other spouse lives in alone

My estranged husband and I have yet to finalize the divorce. He has been planting hidden cameras and listening devices in my home that he no longer resides in and I don’t know if this is illegal or not because we are still married, and I have yet to get his name off the lease. I live here alone and had no knowledge of the cameras in my home, (hidden in my air vents so he could watch and listen in on me) he’s done it about 4 different times and I’m afraid he will keep planting them and spying on me unless legally I can do something about it. Divorce is expensive, and we would have been divorced a long time ago if I was able to afford it.

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1 Lawyer Answer
Judith Delus Montgomery
Judith Delus Montgomery
  • East Point, GA
  • Licensed in Georgia

A: Sorry this happened to you. In Georgia a spouse's secret videotaping video footage is admissible at trial, in divorce case; during the time that spouse used the video surveillance devices.

If the following is true i.e.. kept clothes and other personal items at the marital residence, spouse paid a portion of the mortgage for that residence, spouse received some mail at that residence, and spouse spent some portion of every other day at the residence. Rutter v. Rutter, 2012, 316 Ga.App. 894, 730 S.E.2d 626, reversed 294 Ga. 1, 749 S.E.2d 657, reconsideration denied, on remand 325 Ga.App. 508, 753 S.E.2d 778.

You will need an attorney for this matter.

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