Divorce can be emotionally challenging, especially when trust has been broken. Whether concerns involve infidelity, financial misconduct, addiction, or other issues affecting the marriage, many spouses find themselves searching for answers.
In today’s digital world, technology makes it easier than ever to monitor another person’s activities. However, before attempting to gather information on your own, it is important to understand the laws surrounding digital surveillance during divorce. Actions that seem harmless can sometimes create legal problems and potentially damage your case.
Below, we discuss several common forms of digital surveillance and what North Carolina law says about them.
Recording Conversations During Divorce
One of the most common questions people ask during divorce is whether they can legally record conversations with their spouse.
North Carolina is considered a “one-party consent” state. This means that as long as one person participating in the conversation knows it is being recorded, the recording is generally legal.
However, the situation can become more complicated when:
- One party lives in another state
- The conversation crosses state lines
- Someone attempts to record conversations they are not participating in
In most circumstances, recording conversations between other people without their knowledge can lead to serious legal consequences. Similarly, installing hidden microphones or intercepting phone communications may violate both state and federal laws.
Even when recording is technically legal, it is important to consider the long-term impact. For parents who will continue co-parenting after divorce, maintaining respectful communication is often in everyone’s best interests.
Co-Parenting Apps Can Help
Many co-parenting apps automatically preserve messages, calendars, and communications. Because both parties knowingly use these platforms, there is typically no dispute about whether communications are being documented.
These tools can help:
- Reduce misunderstandings
- Encourage respectful communication
- Create clear records of conversations
- Minimize future disputes
For many families, these apps provide a safer alternative to secretly recording conversations.
GPS Tracking During Divorce
Location-sharing technology is built into most smartphones, smartwatches, and vehicles. When suspicions arise during a divorce, some spouses may consider using GPS tracking devices to monitor the other’s movements.
However, digital surveillance during divorce can quickly cross legal boundaries when tracking devices are involved.
Under North Carolina General Statute § 14-196.3, it is generally unlawful to knowingly install or use an electronic tracking device to track another person’s location without their consent. Violations may result in criminal penalties.
While certain exceptions may exist in limited circumstances, such as ownership interests in a vehicle, GPS tracking often presents significant legal risks.
If you suspect someone has placed a tracking device on your vehicle, it is important to discuss your concerns with an attorney as soon as possible.
Spyware and Monitoring Software
Technology has created new opportunities for spouses to monitor one another’s activities through software applications.
Spyware programs can sometimes be installed on:
- Smartphones
- Tablets
- Computers
- Shared devices
These programs may monitor keystrokes, messages, emails, browsing history, and other private information.
In many situations, installing spyware on a spouse’s device without their knowledge may violate privacy laws. While certain exceptions can apply to jointly owned or shared devices, secretly accessing another person’s private information is generally not advisable.
A helpful rule of thumb is simple: if the action would feel like an invasion of your privacy, it may also be considered an invasion of someone else’s privacy.
How to Protect Yourself From Digital Surveillance During Divorce
If you are concerned that your spouse may be monitoring your activities, consider taking steps to protect your privacy:
- Update passwords on important accounts
- Enable two-factor authentication
- Review location-sharing settings on your devices
- Check vehicles and belongings for unauthorized tracking devices
- Monitor unfamiliar software or applications on your phone or computer
- Consult an attorney if you believe your privacy rights have been violated
Taking proactive measures can help safeguard sensitive personal and financial information during the divorce process.
Are There Legal Ways to Gather Evidence During Divorce?
Yes. Although some forms of surveillance may be illegal, there are still lawful ways to obtain evidence.
One of the most common options is hiring a licensed private investigator. Private investigators understand the legal limits of evidence collection and can often gather information in a manner that complies with state and federal laws.
Depending on your circumstances, your attorney may also be able to obtain evidence through the formal legal discovery process, including:
- Financial records
- Business records
- Electronic communications
- Witness testimony
- Court-issued subpoenas
Before taking matters into your own hands, it is wise to discuss your concerns with an experienced divorce attorney.
McCrary Pack – With You Each Step of The Way
Even in the best of circumstances, divorce can be very emotional. This is even more true in instances where some type of marital misconduct has occurred. If you are in this situation, the desire to try to obtain evidence to confirm your suspicions is understandable, but could also be unwise. On the other hand, if you believe you are the victim of spousal spying, you may wonder about how to assert your rights and protect yourself.
Regardless of which situation you find yourself in, at McCrary Pack, we’re here for you. We are passionate about helping our clients through their divorces and onward to a better, brighter chapter. Will be here to guide you on asserting your rights and finding solutions to your issues that work best for your family and your future. If you’re ready to get started, give us a call today. We look forward to speaking with you soon. Contact us today!