Is It Illegal To Spy On Your Spouse in Beverly Hills?

Hossein Berenji, Dec 08, 2023

The process of divorce can be a physically, mentally, and emotionally challenging time. Unfortunately, because of that turmoil, divorce can make spouses engage in behavior they normally wouldn’t even consider — like spying.

If you’re preparing to spy on your spouse, stop and think before you go through with it. Spying on a person can be illegal, even if that person is your spouse. Instead, consult with a knowledgeable divorce attorney when you’re trying to get information concerning your spouse. A divorce lawyer can prevent you from doing anything that could result in more trouble.

What Does Spying Entail?

The intention of spying on another person is to uncover information you might not otherwise get. For that reason, it entails a number of specific actions, taking forms such as:

  • Looking through their phones and computers to read texts and emails
  • Recording conversations on the phone and in person
  • Installing hidden cameras
  • Putting a GPS on their car
  • Following them or having them followed by an investigator
  • Installing spyware on their phones or computers

While it may not seem like spying on your spouse is a big deal or against the law, it very well could be. Therefore, before you take any steps to spy or procure evidence for your divorce, it’s best to discuss this with a skilled divorce attorney.

Common Motivations for Spying on a Spouse

When the desire to spy on your spouse arises, you’re essentially looking for a smoking gun, which is usually something you’ll try to use to your advantage. Some of the reasons spouses wish to spy on their spouses either before or during a divorce include:

  • Proving your spouse is having an extramarital affair
  • Showing that your spouse is using marital assets for wrongful reasons
  • Proving your spouse is hiding assets
  • Showing your spouse’s bad conduct, including alcohol and substance abuse
  • Proving your children experience unsafe conditions when with their other parent
  • Showing the other parent is planning something egregious, like kidnapping the children

Many of these reasons for spying are understandable, especially when the kids are involved. However, that doesn’t excuse lawbreaking behavior.

The Legality of Spying on a Spouse in Beverly Hills, CA

Spying, in general, is illegal. There are state and federal laws that protect individuals from spying. For example, eavesdropping and invasion of privacy are against the law in California, and spying could fit within these statutes.

It is critical to consider the legality of the evidence you get through spying not only because it could result in legal repercussions for you but also because it could be inadmissible in court. When evidence is inadmissible, it means the judge will not consider it, and it will be thrown out.

Certain evidence could be admissible in court, including emails and text message exchanges between you and your spouse. Recorded phone calls or voicemails could be admissible for specific reasons, like anything impacting child-related matters, including custody.

Refrain from engaging in any behavior that could be considered spying until you discuss it with your attorney. Your lawyer can either give you the green light or provide alternatives to reach your goals.

Rely on a California Divorce Lawyer

Divorce attorneys in California are intimately familiar with privacy laws and other rules that could apply to your divorce case. Before your divorce case begins, make sure to meet and speak with a local attorney for advice and guidance tailored to your specific situation.

Contact a Beverly Hills Family Law Lawyer Today

If you’re going through a divorce, you need a strong team on your side fighting for your rights. Call Berenji & Associates today to know how we can assist you.

Beverly Hills Office
9595 Wilshire Blvd Ste 959
Beverly Hills CA 90212
(310) 271-6290

Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 985-3007