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What Can I Do if My Spouse is Spying On Me During My Divorce? 

Posted on in Divorce

shutterstock_1011733588-min.jpg Divorce can get hostile, and spouses often resort to unusual measures to try to catch each other in the act of wrongdoing. Sometimes spouses will track each other, follow each other’s communications, and even install secret listening devices to find out information they could not get otherwise. Sometimes these actions are simply strange or unethical, but other times they are downright illegal. 

Spying on a spouse is never a good idea. In addition to the fact that illegally-obtained evidence cannot be used in court, spying often backfires because it opens up the perpetrator to the possibility of criminal charges with serious consequences. If you are getting divorced or want to get a divorce and believe your spouse may be monitoring your activities, a qualified Illinois divorce attorney with experience in high-conflict divorce may be able to help you. 

Why Would My Spouse Spy on Me? 

Even though Illinois no longer requires spouses to prove “fault” when they file for divorce, this does not eliminate the fact that spouses may feel compelled to discover or prove that their partner did something wrong. If one spouse suspects the other of lying, cheating, abusing alcohol or drugs, or wasting money behind their back, they may try to collect evidence proving the suspected behavior. Sometimes, spouses are just plain suspicious or controlling.

However, the most common reason spouses spy on each other during divorce is to try to give themselves an advantage during the divorce proceedings. If one spouse can prove the other is abusive, struggles with substance abuse, or is untrustworthy, they may try to bring this evidence to court. 

What Should I Do if My Spouse is Spying on Me During Divorce? 

Individuals who worry that their spouse is spying on them first need to understand whether the alleged spying is actually illegal. If you and your spouse regularly had access to each other’s cell phones or other messaging platforms, you may easily be able to see each other’s messages - without revoking this permission, this would not be considered spying. Additionally, text messages and voicemails sent back and forth between spouses can be admissible as evidence. 

If your spouse is stalking you either in person or electronically, let your divorce attorney know right away. You may be entitled to certain civil remedies, such as an Order of Protection, and your attorney can help you collect evidence of spying behaviors. Never try to become a private detective yourself; consult your attorney before taking any action against your spouse that may be illegal. 

Meet with a DuPage County Divorce Lawyer

If you are getting divorced and are worried that your spouse is spying on you, know that you have options. An experienced Western Springs, IL divorce attorney with Botti Marinaccio, LTD. can keep inadmissible evidence out of court and bring to light any actions by your spouse that may be dangerous and unethical. Dealing with this kind of behavior can be frightening, but you do not have to do it alone. Contact our offices to schedule a confidential consultation with one of our attorneys. We will immediately take action to protect your interests and position you for a favorable outcome. Call us today at 630-575-8585




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Botti Marinaccio, LTD.


2015 Spring Road, Oak Brook, IL 60523

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