If you suspect that your spouse is cheating, you likely feel betrayed and hurt. And that is perfectly understandable. However, your emotions could cause you to act irrationally. For example, you may attempt to go outside of the realm of lawfulness to obtain the incriminating information about your spouse. This can land you in legal trouble, unfortunately.

There are smartphone apps out there that allow you to download text messages from your spouse’s cell phone onto a computer. It is even possible to access deleted text messages with certain software. However, it might be against the law to obtain these message if you do not own the phone. These text messages may not even be admissible in court.

If you attempt to record your spouse’s conversations on his or her cell phone, you could face criminal and civil charges. Some states may require just one person to consent while other states may require both parties to consent to the recording. Also, if you were not part of your spouse’s recorded conversation, the recording may inadmissible in court.

It can be quite easy to access your spouse’s email account these days. You may be able to get into the email account through a computer if the password was auto-save. However, if you get access to an email account without the person’s permission, you could face criminal charges.

Putting a GPS tracker on your spouse’s vehicle may help you learn where he or she is going, but it could get you into legal trouble too. If your spouse owns or leases this vehicle, you could face some serious criminal charges. You don’t have the legal right to put a GPS tracker on your spouse’s car under community property law.

Divorcing spouses must follow federal and state wiretapping laws. If one spouse attempts to obtain information illegally, the other spouse has a right to pursue criminal and/or civil charges. If you weren’t aware of the law, that does not mean you get off easy. That’s why it is important to find an experienced lawyer before you attempt to gather any evidence against your spouse for cheating. A lawyer can give you sound legal advice and prevent you from doing something that can get you into hot water.


*A special thanks to our authors at Hildebrand Law for their insight into Family Law.