Spying on a Spouse: When Is Snooping Legal in Tennessee Divorce?

While spying on a spouse may be tempting, it can end up hurting you should you seek a divorce. Several federal and state mandates make electronic surveillance and snooping a crime if it’s unauthorized. So, though you may discover your spouse is being unfaithful and gain grounds for divorce, you may be unable to use your surveillance as evidence because it was obtained illegally. Additionally, your spouse could also file a claim against you for violations of privacy.

Depending on the extent of your spying, you could be: 

• fined;
• have to pay punitive damages; or even
• be forced to do jail time.

If you’re considering a divorce, you’re not alone. According to the Tennessee Department of Health, more than 26,000 marriages ended in the state in 2010 alone. But don’t jeopardize your divorce case by spying on a spouse illegally. If you’re considering collecting information about your spouse, first contact a divorce attorney in Memphis, TN. He or she can advise you on what’s legal, and what could hurt your divorce case in the end.

The Laws on Spying on a Spouse 

In Tennessee, there are two main laws you’ll need to be aware of when considering spying: the Electronic Communications Privacy Act (ECPA), or Wiretap Act, and the Tennessee Wiretapping and Electronic Surveillance Act (TWESA). These both seek to protect citizens from unauthorized surveillance and snooping in situations where there is an expected level of privacy.

Under the ECPA, monitoring, interception and disclosure of electronic communication that was done without the subject’s authorization or knowledge is illegal, including: 

• phone conversations;
• voicemails;
• text messages;
• chat logs; and
• computer keystrokes. 

Violators of ECPA can face civil penalties; or even criminal charges.

Under the TWESA, it is a Class D felony to: 

• intercept;
• access; or
• hire someone to intercept or access any unauthorized electronic communication.

If you violate this law, your spouse could file a civil suit against you to seek damages. You may even have to pay punitive damages if the situation is particularly egregious.

Are there legal forms of spying on a spouse? 

Technically, spying on your wife or husband – or anybody else – is only illegal if it’s unauthorized, without their consent or knowledge, or done in a situation in which your spouse has an expectation of privacy. Additionally, if you unintentionally intercept a message, it may not be illegal either.

If, for example, you check your messages and intercept a message intended for your spouse, you could use this as evidence in your divorce case. Additionally, information received with your spouse’s consent can be used as well. So, if your spouse consented to you using and accessing his or her email account and you come across an unsavory message, this is not considered illegal surveillance.

If you’re able to gain evidence legally of your spouse cheating, it could be used in your divorce claim, possibly increasing the amount of alimony or child support you are due. Before spying, though, make sure to speak to a licensed divorce attorney in Memphis, TN, to ensure your snooping is legal and admissible in court.

Getting Help from a Divorce Attorney in Memphis, TN 

Spying on a spouse without his or her consent, authorization or knowledge could have far-reaching implications. In addition to being inadmissible as evidence in a divorce claim, it could even lead to you facing punitive damages, a civil lawsuit or criminal charges. Call the Miles Mason Family Law Group at 901-683-1850 to speak to a divorce attorney in Memphis, TN, about what type of surveillance is legal before taking action. We can help ensure you’re not spying on a spouse illegally.