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Digital spying may impact divorce

For most Californians, privacy is of the utmost importance. Even though this may be the case, our privacy may be threatened more today than it ever has before. This can have serious implications for those going through a divorce. More specifically, individuals who are contemplating divorce or currently going through the process need to be careful and take extra steps to ensure that they are not being digitally spied upon.

The occurrences of digital spying may be more common than we think. Spyware can be downloaded onto a smart phone for minimal costs, giving someone access to another's emails, texts, and even keystrokes. Bank account records can be penetrated, and personal communications recorded. Some people even find that they are being tracked by GPS devices that are secretly attached to their vehicles.

The legality of these acts is questionable. Although generally illegal, there may be instances where digitally spying is legal. For example, if a GPS system is placed on one spouse's car, but the car is jointly owned, it is unlikely to be considered illegal. This means that evidence gathered from digital spying, whether to prove reckless financial expenditures or extramarital affairs, may or may not be admissible in court. As this area of law continues to burgeon, those pursuing marriage dissolution need to make sure that they are protecting themselves as fully as possible, which may include switching out electronic devices for new ones.

Those who wind up suspecting digital spying and the use of evidence garnered from such acts should discuss the matter with their divorce attorney. An experienced legal professional will know how best to address the issue and minimize, if not eliminate, its impact on divorce proceedings.

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