Tennessee Divorce Laws & Spousal Surveillance

According to TN divorce laws, many forms of spousal surveillance are not admissible as evidence in divorce cases, because they violate state and federal privacy regulations. Additionally, depending on the forms of surveillance used, like wiretapping, they even may be grounds for a civil claim against the spying spouse and entitle the victim to compensatory damages.

If you’re considering surveillance such as wiretapping in your divorce, speak to a divorce attorney in Memphis, TN first to learn more about state divorce laws and what is and isn’t legal.

Electronic Surveillance 

According to TN divorce laws and privacy laws, you cannot record or spy on another person when there is a reasonable expectation of privacy present. The Electronic Communications Privacy Act, or ECPA, protects people from being wiretapped or having their phone conversations, email messages, computer activity, chat logs and more monitored or recorded without their consent.

In addition, the Tennessee Wiretapping and Electronic Surveillance Act provides similar protection, making it a felony to intercept unauthorized communication of another person. These laws may be applied to cases of divorce in Tennessee, which could lead to a spouse receiving criminal charges or being sued in a civil lawsuit for violation of privacy.

In Tennessee, an individual who is a party to the communication may intercept the communication, though. Before you record or intercept any electronic information, consult your attorney. Evidence that is obtained illegally, even if it proves a spouse’s infidelity, will be inadmissible in a case of divorce, according to TN divorce laws..

Physical Surveillance 

Some physical forms of spousal surveillance are also illegal.Tennessee laws do not allow GPS tracking devices to be installed on a person’s car without their consent. The only exceptions apply to law enforcement officers and parents or guardians of minors. If you obtain evidence of your spouse cheating with illegally obtained GPS information, you will be unable to use this as evidence in your divorce, according to TN divorce laws.

Additionally,Tennessee’s Peeping Tom Statute protects residents from being photographed or videotaped without their consent. If there is a reasonable expectation that a person is in a private, confidential setting, it is illegal to videotape or photograph them and use it as evidence in a divorce case. To do so would be in violation of state laws and could even lead to a civil lawsuit or criminal charges being filed.

If you’re considering surveillance, contact Miles Mason Family Law Group, divorce attorneys in Memphis, TN, to learn about what forms of evidence are legal and could be helpful in your divorce.

Violating Surveillance Laws 

If you use forms of spousal surveillance that are in violation of your spouse’s rights to privacy, you could face serious consequences. You could face an invasion of privacy claim, a civil lawsuit for damages or even criminal charges for violating state and federal surveillance laws, such as the ECPA or the Tennessee Wiretapping and Electronic Surveillance Act.

If charged, you could owe your spouse damages, face steep fines or even serve jail time. In the end, the damages and consequences you face could cost you more than your divorce stands to compensate you. It’s important to abide by TN divorce laws when obtaining evidence. Contact the Miles Mason Family Law Group to speak to an attorney about what types of surveillance you can use in your divorce.

To learn more, visit Electronic Spying in Tennessee Divorce Laws.

Getting Help from a Divorce Attorney in Memphis, TN

Many forms of spousal surveillance are illegal and cannot be used as evidence in a divorce. In fact, they could cause you to face a civil or criminal lawsuit if your actions are particularly egregious. Before committing to any kind of surveillance, call the Miles Mason Family Law Group at 901-683-1850 to speak to a divorce attorney in Memphis,Tennessee. Our team can help you obtain evidence that abides by Tennessee divorce laws.