If you are spying on a cheating spouse, you are seeking out every avenue to catch them in the act. However, you must be very careful and abide by privacy laws to protect yourself from participating in illegal activity. It’s so tempting to try and guess a password for an email or social media account since they are your spouse, right? Shouldn’t you be able to know everything they do and check their accounts anytime you want? Some would say “yes”, but, and that’s a big BUT, federal and state privacy laws do not agree.  There can be major repercussions for spying on a cheating spouse and, depending on the act, it can wind you up in jail. 

Below, is a list of “don’ts” when thinking about spying on a cheating spouse:

Don’t access their phone:

If your spouse leaves their phone on the kitchen counter and you think you can figure out the password, think again. If you do, you are breaching your spouse’s right to privacy. The information you find on the phone during your search will not do you any good if you put yourself in legal jeopardy.

Don’t check their email:

Let’s say you walk by your home computer and your spouse’s email account is pulled up with the login and password saved. One might think it’s ok to hit that “next” button to reach his/her account since it was up anyway. Wrong. In this situation, use self-discipline and avoid making a big mistake. The reward does not outweigh the risk.  

Don’t read their mail:

Credit card statements are a great way to determine if your spouse is getting a hotel room or buying expensive items without your knowledge. However, if the credit card is in their name only, you cannot have access to this information. If you open their mail to review a credit card statement, you’ve committed a crime and that information will then be of no use to you.

Don’t log into their social media accounts:

Many marriages have been broken up from a simple friend request or messages sent on social media. So, if you think your spouse is cheating, this seems like a great place to check first. However, logging in as your spouse and checking these sites without their permission is illegal and will again, be no help to your case.

Don’t record phone calls without understanding your state’s laws:

For some states, it’s perfectly legal to record phone calls or in person conversations between yourself and someone else because one person has agreed to the recording. Other states require both parties be aware that the phone call/conversation is being recorded. This means that you cannot set up a recorder in your spouses’ car and record conversations that he/she has with other people. There are cases where people have made this mistake and paid dearly with a jail sentence.

To sum it up, if your spouse has a phone, email account, credit card, social media site or is on a dating website, in their name only, you must respect their privacy by law. There are many cases where spouses have pushed the barriers of privacy laws by doing these “don’ts”, while spying on a cheating spouse, and found themselves in jail. However, there are other legal and efficient ways to gather the evidence needed to document your spouse’s infidelity. The best and safest way, is to hire a licensed and experienced private investigator (PI). PI’s are savvy to the ways of cheaters and have the tools, resources and techniques to provide you with the answers you need, fast. If you are in this situation and need help with determining your spouses’ fidelity, call Stillinger Investigations today at 803-400-1974. Our team of licensed, experienced and highly recommended private investigators will work diligently to get evidence you deserve without the risks.

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