Electronic Snooping & Divorce in IL

When thinking about “eavesdropping,” most people tend to conjure up images of a shady figure who hacks into a phone line, secretly listening to a private conversation. Yet, in Illinois, eavesdropping, and its cousin, electronic snooping, can mean a lot more than that. For anyone who is currently going through a divorce, it is important to understand when “electronic snooping” crosses the line and becomes a legal violation.

At SAM LAW OFFICE LLC, our dedicated Illinois divorce lawyers have experience handling extremely complex, contentious divorce cases. We have a full understanding of the state and federal laws that govern alleged electronic snooping and surveillance. If you have any questions about electronic snooping and your divorce, please do not hesitate to call our office today to set up your confidential initial consultation.

What Types of Electronic Information Can Be Used in an Illinois Divorce Case?

Admissible Evidence

• Texts and Email Exchanges: Any texts, emails or other private electronic messages that you have sent to your spouse can be used as evidence in a family law court. Further, should a third party come forward and choose to voluntarily share private electronic text messages and other automatically stored information, that electronic evidence is also admissible.
• Social Media Evidence: Evidence obtained from social media, even from private social media accounts, can be fair game in an Illinois divorce case. If you are posting photographs or status updates on social media that contain information that is relevant to your divorce case, and your spouse lawfully finds those posts, they can submit them to an Illinois court for review.

Inadmissible Evidence

• Hacked Accounts: Under Illinois law, it is illegal to hack a person’s electronic accounts. If you engage in hacking, it could cause serious damage to you in your divorce case. In the worst instances, you could even face criminal charges. If you believe that your spouse hacked your accounts to take advantage of you in your divorce case, please tell your attorney immediately.  
• Nonconsensual Recording: Illinois is a two-party consent state. You cannot record a person, either with audio or video, without their consent. While texts and emails are automatically stored and thus are assumed to be recorded with consent, unapproved audio or video recordings can land you in serious trouble. Do not record your spouse without first consulting with your lawyer.

Contact Our Illinois Divorce Lawyer Today

At SAM LAW OFFICE LLC, our top-rated divorce attorneys have extensive experience handling cases involving electronic snooping. To learn more about what we can do for you, please call us today at (847) 255-9925. Our office serves communities throughout the greater Chicagoland area.