Should you Spy on Your Spouse to Win a Divorce?

Should you Spy on Your Spouse to Win a Divorce?

Some things sound like they come straight from a hollywood script for a reason...

March 10, 2022

Maybe it’s the movies or soap operas that feed the narrative that spying on your spouse can help your divorce. You want to get those salacious photos or emails to dominate your ex in the courtroom. 

It can be tempting to do it yourself or even hire a private investigator. Your emotions are running high and you really want to cause pain. Before you go in this direction there are three things to remember: 

  1. There are real legal boundaries to recording and investigating people. For example, here in California, it is a misdemeanor to record a conversation without the permission of all parties. California is a “two-party consent” state. If a conversation is conducted in private (like in a hotel room or inside a home) all parties (whether there are 2 or more) must be told they are being recorded. There are fines and possible jail time for recording audio without permission.
  2. Illegal things cannot be used to win your case. If you illegally tape your ex, you won’t be able to use the evidence anyway. 
  3. There’s an enormous potential for backlash. Especially from your children. Remember that your divorce will be in the public record. So even if your kids are too young to read the transcript now, they won’t be forever.

Are there legal ways to get the evidence you want? Yes. And the best way to get that done legally, efficiently, and in a way that doesn’t paint you as a monster is to rely on your legal counsel. 

Divorce lawyers have professional investigators to get the job done. Professional people, they have used time and time again. Professionals that follow all the legal rules and can be used as reliable witnesses in the courtroom. 

Don’t risk your freedom or your relationship with your kids because of something you saw in a movie. 

Call today to speak with Hollie A. Lemkin to discuss your questions & issues!

Please Call