Mount Laurel, NJ asked in Divorce, Family Law, Civil Rights and Communications Law for California

Q: What if my spouse read my txt msg to my mother on my phone without my consent, can i use it again her in our divorce?

While i was away on travel, my wife hack into my phone to read my message with my mother, she had know me well enough to know my password, but i did not give her permission to read my messages.

I suspect someone had move my phone so i change password, and monthes goes by my wife and i had a fight where she show me photo of my phone displaying my private conversation with my mother disscussion issue i have with my wife. When confronted, i sarcastically stated that if if she want to spy on my message she shpuld read it in its entirity where she reply that she would have if the password hasn't been changed.

I have screenshot of the photo she showed me and screenshot of our message as evidence.

Noe that we are in a contested divorce, can i use this against her?

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the privacy of communications is taken seriously, and unauthorized access to someone's electronic communications can raise legal issues. If your spouse accessed your phone and read your messages without your consent, this could potentially be considered a violation of privacy. However, the context in which this evidence is used in a divorce proceeding is complex and depends on various factors, including the relevance of the information obtained to the issues being contested in the divorce.

When considering using evidence of your spouse accessing your messages without consent, it's important to discuss this matter with your legal counsel. They can advise on the admissibility of such evidence in court and how it might impact your case. Courts generally focus on factors such as the welfare of children, the division of property, and spousal support in divorce cases. The relevance of the accessed messages to these issues would need to be established.

Moreover, presenting evidence that was obtained without consent, even by a spouse, can be legally and ethically complex. Your attorney can guide you on the best approach to address the unauthorized access and use of your private communications, ensuring that your rights are protected while navigating the sensitive nature of divorce proceedings. It's crucial to approach this situation with legal guidance to ensure that your actions remain within the bounds of the law and do not inadvertently harm your position in the divorce.

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