Smartphones’ increased availability and sophistication means these devices often contain a wealth of information people would rather keep private. The rise of smartphones has also led to more spouses spying on their partners’ phones before or during a divorce. While reliable figures are hard to come by, one report from the United Kingdom suggests that approximately 20 percent of spouses spy on their partners’ phones during divorce proceedings.
However, just because more spouses are spying on their partners’ phones doesn’t mean it’s legal. Michigan law strictly limits how you can access the contents of your spouse’s cell phone. Understanding the boundaries can help you avoid severe consequences.
Is It Legal to Spy on Your Spouse’s Cell Phone in Michigan?
Michigan law largely bans you from spying on your spouse’s phone. The relevant statute prohibits accessing a computer or computer network without the owner’s consent to acquire, alter, damage, or delete information from the device or network. The same law also forbids the insertion of information onto someone else’s device, such as spyware, to monitor their movements. Federal law also prohibits you from using spyware or other methods to intercept someone’s electronic communications, including text messages and email correspondence.
Because of these strict state and federal prohibitions on electronically spying on your spouse, it’s best to avoid doing it.
Recording your spouse’s phone calls may be a different matter. While you cannot record a call you are not involved in, the same Michigan law may allow you to record a conversation in which you’re also a participant. Speak to a knowledgeable attorney at Kraayeveld Family Law before recording any phone conversation. We can help you understand the law and how it applies to your situation.
Consequences of Spousal Spying: What You Need to Know
Breaking state or federal laws on spying on your spouse can have severe consequences, including criminal charges. Violating Michigan’s electronic privacy laws to spy on your spouse would likely be classified as a misdemeanor, which could send you to jail for several months or longer. While a jail sentence isn’t likely, you could have to pay a fine.
Violating the federal Wiretap Act is a more serious offense. A Wiretap Act violation is a felony and could send you to jail for up to five years. You could also have to pay a fine of up to $250,000 under federal law.
Finally, spying on your spouse could also adversely affect divorce proceedings and child custody battles.
Alternatives to Spying: Handling Suspicions the Legal Way
Because of the strict penalties for electronic snooping, you’re better off trying a different approach to gather the information you need about your spouse’s suspicious behavior. In many cases, our Michigan divorce lawyers can help our clients access information from a spouse’s phone through a court order. Our attorneys can also work with a private investigator to gather information on your spouse using legal methods. Don’t risk your freedom or other penalties by breaking state or federal privacy laws.
Protecting Your Rights and Privacy During a Divorce
If you’re worried about your privacy before or during a divorce, there are some steps you can take to protect yourself. First and foremost, change all your passwords to your private accounts. If you’re concerned about possible spyware on your cell phone, talk to our lawyers and ask us for help checking for and identifying potential spyware. Our divorce attorneys can also help you take legal action against your spouse if they violate your privacy rights.
Kraayeveld Family Law in Grand Rapids is committed to protecting your privacy rights during a Michigan divorce. Call us today at 616-383-2679 or complete our contact form to schedule a confidential consultation with a family law attorney in Michigan.
