Digital stalking may be easier than ever

When a couple divorces, one party may be interested in keeping tabs on their former partner. In some cases, this may be done to collect evidence of an affair or of substance abuse. However, New York residents or others may spy on their former spouses because they want to exert control over that person. As technology advances, it may be relatively easy to accomplish that goal.

One common surveillance method is to install spyware on a computer, tablet or smartphone. The spyware may make it possible for an individual to see another person’s bank password or keep tabs on text messages or emails sent or received by a victim. In most cases, installing spyware to track an adult is considered to be an illegal act. However, there are cases in which tracking may be legal. For instance, one man put a tracker on a car that he owned jointly with his ex-wife.

When the woman reported the tracking device to police, no charges were filed. This was because he had a right to track the vehicle since he shared ownership of it with her. Attorneys are split on what to do when they discover evidence obtained through spyware or similar technology. While some may not use it in court, others may assume that the evidence has been obtained legally.

A divorce may cause emotions to run high in an individual. They may fear that they are being stalked or otherwise threatened by their former spouse. Others may take drastic action to find evidence of cheating or other unfavorable actions that may increase their chances of additional alimony or a favorable settlement in general. Before taking any action in a divorce case, it may be wise to consult with an attorney.