Divorce proceedings can be emotionally charged and contentious, especially when one spouse believes the other is hiding assets or being untruthful about behavior. In some cases, our clients turn to digital tools in an attempt to uncover information. Tracking a spouse’s phone or accessing personal data without consent is increasingly common, but that does not make it lawful.
Is It Legal to Install Tracking Apps on a Spouse’s Phone?
In most circumstances, installing a tracking application or spyware on another person’s phone without permission is a violation of federal and state laws. This applies even if both parties share the same device plan or reside in the same home. Unauthorized access to another person’s communications, texts, GPS data, or call logs may violate federal wiretapping laws or Pennsylvania’s Wiretap Act, which prohibits the interception of electronic communications without consent from at least one party involved in the conversation.
Some individuals mistakenly believe that marriage grants unrestricted access to their spouse’s digital devices. However, legal protections around privacy do not disappear simply because two people are married. Courts often view the use of hidden tracking apps or unauthorized access to accounts as an invasion of privacy. Evidence collected through illegal means is often not admissible in court and may even result in criminal charges.
Can Location Sharing Apps Be Used During Divorce Proceedings?
There are situations where location data is legally shared between spouses, such as when both parties consent to using a shared app like “Find My” or “Life360.” If a spouse willingly agrees to location sharing, the data collected from that arrangement may be considered acceptable to present in court. However, continued use of that data after consent is withdrawn can lead to legal consequences.
Consent plays a central role in determining whether location tracking is lawful. Once consent is revoked, continuing to monitor a spouse’s whereabouts may be viewed as stalking or harassment, which can lead to protective orders or criminal charges. It is important to understand that what may begin as a mutual agreement can quickly become unlawful when the relationship deteriorates.
What About Accessing Text Messages or Emails?
Accessing a spouse’s private messages without permission may violate laws related to unauthorized access of electronic communications. Even if passwords are known or stored on a shared computer, using them to open private accounts without explicit approval can lead to serious consequences. Courts generally frown upon evidence obtained through means that infringe on a person’s reasonable expectation of privacy.
There may be exceptions when messages are already visible on a shared family device or printed copies have been voluntarily left in a common space. However, actively seeking out private messages, installing keyloggers, or hacking into accounts crosses legal boundaries. It is always better to request information through legal discovery methods rather than risk allegations of misconduct.
Are There Legal Alternatives to Discovering Hidden Information?
Rather than resorting to surveillance, parties going through divorce have access to formal discovery tools, such as subpoenas, depositions, and document requests. These methods are supervised by the court and provide an opportunity to request phone records, financial statements, or other data through lawful channels. Using these procedures allows individuals to obtain relevant information without risking legal penalties.
Additionally, if one party believes the other is hiding assets or engaging in misconduct, they can petition the court for a forensic investigation or ask the judge to compel the other side to produce specific records. While these processes take time, they are recognized and permitted by law.
Our West Chester Divorce Lawyers at Eckell Sparks Can Help You Make Informed Decisions Without Risking Legal Violations During Your Divorce Proceedings
Our skilled West Chester divorce lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. have the experience to help you handle sensitive legal matters while protecting your rights. For an initial consultation, complete our online form or call 610-565-3701. We have offices in Media and West Chester, Pennsylvania.