The right to privacy exists in divorce cases, just as in marriage. However, it is not rare for partners to violate their spouse’s privacy and try to pry into their personal media and other records to find hidden information. This is done during divorce cases as there is a significant amount of distrust between the partners, and they try to find things that can be used against their spouses in court. If you believe your privacy has been violated, contact a divorce attorney Boston, MA, to take legal action against your spouse.
Some of the privacy violations and the rights granted to spouses are as follows:
Checking mail sent to the other spouse
This is a common occurrence in separation cases. When one partner moves out and the old house is still listed as the delivery address, situations like this can arise. Although reading someone else’s mail may be tempting, it is a federal offense to read mail addressed to someone else without their permission. It is considered unlawful, and the guilty spouse can be sanctioned with hefty penalties.
Accessing your ex-spouse’s email
Checking your ex’s electronic mail without their permission is also illegal. It can be tempting, but you should not use their email without asking them. Any information obtained from it will be subjected to evidentiary preclusion and considered illegal.
Checking text messages without consent
Like emails, texts are also subjected to evidentiary preclusion if they are accessed without the owner’s knowledge. If a spouse tries to access their partner’s password-protected phone texts, it is considered a breach of privacy. They will be regarded as ill-gotten items and face several legal ramifications. Hence, avoiding snooping into your partner’s private texts is suggested.
Recording conversations without consent
Do not record your partner on a call without their knowledge, as it is considered illegal. Your partner must consent to it in writing or the verbal recording. Any voice recording evidence taken without your spouse’s permission will not be admissible in court, and you will be forbidden from putting it into use. You are prohibited by law from engaging in mechanical overhearing of a conversation. It is still considered unlawful even if you are recording it in person instead of calling. The other spouse must consent to be recorded during the conversation, or the evidence will be deemed null and void, regardless of how strong and vital it is. Taking care of consent is necessary to avoid any legal repercussions.