Can I Spy on My Spouse to Collect Evidence for My Florida Divorce?

Are you tempted to spy on your spouse? Have they committed adultery? Are you engaged in a messy divorce? Do you need information that the other spouse refuses to turn over? If so, you may be inclined to use new technology to “spy” on your spouse to get the information you need. But is it legal?

Most of the rules regarding spying do not apply to family law in Florida. These are anti-stalking statutes that make it illegal to harass another individual. For the most part, Florida law makes it legal to spy on your spouse. After all, you are allowed to hire a private investigator to determine if your spouse is cheating.

But that doesn’t mean that it’s always okay to spy on your spouse. In other words, a simple “yes or no” answer won’t suffice to unpack this legal issue. Under some circumstances, you may be able to spy on your spouse. In other cases, the courts will reject evidence obtained through illegal spying. In this article, the Clearwater, FL family law attorneys at Cairns Law, P.A. will discuss the law regarding spying.

The court might exclude evidence unlawfully obtained 

One thing you should bear in mind if you spy on your spouse seeking evidence for your divorce case is that the Florida courts might ignore any evidence that was obtained illegally. In other words, even if you present this evidence to the court, and the court hears the evidence, your spouse’s lawyer has the ability (and duty) to object to that evidence. If the court finds that the evidence was obtained illegally, it could suppress (or refuse to enter) the evidence into the record. That means that the court will not consider that evidence against the parent.

When is it legal to spy on my spouse in Florida? 

The courts will rule that the evidence you gathered was legally obtained under the following circumstances:

• You were engaged in two-way communication
• Your spouse consented to the surveillance
• You’re allowed to monitor a device if you share the same device (like a computer) with your spouse, and hence, there is no “reasonable expectation of privacy” between you and the other spouse. On the other hand, you can’t open emails that are addressed to your spouse.
• You can record and observe an individual in a public place where your spouse has “no reasonable expectation of privacy.”
• To some extent, you are allowed to spy on your spouse to protect the safety of your children. You ought to be careful of using this as a justification, however.

Most of these allowances enter into some very gray legal areas that you need to watch out for. Ultimately, it is best to let your attorney handle any issues related to gaining evidence from your spouse.

Talk to a Clearwater, FL Family Law Attorney Today 

The Clearwater, FL family law attorneys at Cairns Law, P.A. represent the interests of divorcing spouses. Call our office today to schedule an appointment, and we can begin discussing your next steps immediately.