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Divorce information, advice and help on questions about rights under Florida divorce, alimony, property, child support, custody, visitation and domestic violence laws, cases, procedures and guidelines from Fort Lauderdale Broward & West Palm Beach County divorce lawyer and domestic violence attorney Janet Langjahr

June 22, 2006

Computer Wiretapping Doesn’t Pay in Divorce Cases

Posted by Filed under Divorce, Miscellaneous, Property Division, Assets Split or Equitable Distribution.

A recent New Jersey case serves as a reminder that “getting the goods on your spouse” via their computer may not be all it’s cracked up to be.

In this New Jersey case, the spied-on wife walked away from their divorce with an extra $7,500 because of it. That’s bad enough.

But unauthorized interception of real-time electronic communications is illegal in some states, including Florida. This parallels non-consensual phone-tapping, which is also illegal in many states, including Florida.

The “goods” probably won’t be allowed in family court – and you may go to jail for your trouble.

And even if the goods are admissible, the risks may all have been for nothing.

Real-time communications, such as in chatrooms and instant-messaging, are likely to show only infidelity. In no-fault states, such as Florida, one spouse’s infidelity often has no impact on their divorce case.

Read more about the consequences of interception of real-time electronic communications in this ZDNet article, Police blotter: Husband spies on wife’s computer and this other ZDNet article, Court: Wife broke law with spyware on a Florida case.

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