You’ve probably heard stories of people who read their spouse’s text messages or emails only to discover they were cheating. Or maybe the spouse was hiding assets or debt, or a gambling or drug problem. In divorce cases, it isn’t unusual for one or both spouses to have looked at each other’s electronic devices. There is a wealth of personal information in our texts and emails which many couples don’t try to hide from each other – at least until one or both parties decide to go their separate ways. With that said, if your spouse isn’t freely sharing them, do you have a right to read them?
Generally, texts and emails are private. Thus, you don’t have a right to look at them without your spouse’s consent. Doing so is viewed as an invasion of privacy. It doesn’t matter whether you are married, separated or divorced. However, there are exceptions. If your spouse leaves the email or text open so you can see it as you pass by, then it is okay to read it but only what you see without touching it. You cannot open other messages or scroll or search through emails or texts. You also cannot open a closed inbox even if it is unlocked, you know the password or it is on a shared computer.
If you see a notification pop up on your spouse’s phone as you pass by, that is also fine because it is out in the open. However, you cannot open it to read further.
In a divorce case, evidence of cheating that you find on a phone or computer won’t be relevant anyway. Almost all divorces are no-fault meaning that you don’t have to prove infidelity or any other ground to obtain a judgment. Even if you do prove fault, you won’t get a bigger financial settlement. Infidelity is not a factor that courts take into account in determining equitable distribution or spousal support. If, however, you have properly found evidence that your spouse is hiding income or assets, let your attorney know because a forensic accountant can help find evidence that would be admissible in court in that event.
Rather than spying on your spouse, talk to a marriage counselor if you are having marital problems. If you are considering divorce, however,contact usto discuss how we can help you achieve the best result in your matter.
FAQs
Generally, texts and emails are private. Thus, you don't have a right to look at them without your spouse's consent. Doing so is viewed as an invasion of privacy. It doesn't matter whether you are married, separated or divorced.
Is it okay to read your spouse's text messages? ›
Accessing someone else's text messages without proper authorization can lead to severe consequences. Unauthorized access to text messages, including those of your husband, is considered a violation of privacy laws.
Can my spouse read my emails? ›
Access to your partner's mail, electronic or otherwise, is a privilege, not a right. If no precedent was set early on, don't assume you have the right to go there.
Is it legal to read my wife's text messages? ›
The Electronic Communications Privacy Act (ECPA) is a federal law that makes it a crime to access someone else's private communications without permission. It covers cell phones, computer use, email, social media accounts, and other types of electronic communications.
Can I get a copy of my spouse's text messages? ›
You can subpoena text records from both your husband's phone company (even on a deleted number) and hers. There are some providers that may not have records, but most do. You'll also be able to subpoena her to come to court as a witness during the trial and order that she bring her phone with her when she testifies.
Should married couples have access to each other's phones? ›
"Under normal circ*mstances, and ideally, checking each other's phone is unnecessary and not even a question," she says. "People who check each other's phones have trust issues and insecurities, possibly resulting from previous incidents that made them believe they need to check up on their partner constantly."
Can I check my spouse's phone to prove cheating? ›
Using Phone Records to Prove Adultery
When a spouse suspects adultery, the information in any of their shared phone records can be used against the other. Even if the suspected spouse elects not to provide those records, your attorney can petition the court to get them from your carrier.
Can I get transcripts of my wife's text messages? ›
Both Android and iOS smartphones come with a cloud-based backup feature. Unfortunately, restoring messages from a backup requires specialized software and technical skills. However, you can read her text messages by transferring her files onto a clean device.
Are emails between spouses privileged? ›
California's marital/spousal privilege gives you the right to refuse to testify against your spouse in a criminal jury trial. The marital privilege also allows you to refuse to disclose any confidential communications made between you and your spouse during the course of the marriage.
How is my wife reading my texts on my iPhone? ›
Bluetooth devices paired with your iPhone could be used to read your text messages and other notifications if they have been given permission to do so. Check for any Bluetooth devices that may have been added without your consent and remove them.
Keep in mind, this may be illegal depending on where you live. Some states even make it a felony to snoop through someone's personal communications without their consent. If there are no backup files in Google Drive, the odds of accessing a deleted text are extremely low.
Can text messages between husband and wife be used in court? ›
Relevant Text Messages Between Spouses
California is a no-fault divorce state, so neither side is required to prove that the other person is the one responsible for the ending of the marriage. However, text messages between spouses can be submitted as evidence in a California divorce case.
Does spousal privilege apply to text messages? ›
In both civil and criminal cases, communications made between spouses during the marriage are privileged if the communication is intended to be private and made in reliance on the sanctity of marriage.
Can my wife get access to my text messages? ›
Generally, texts and emails are private. Thus, you don't have a right to look at them without your spouse's consent. Doing so is viewed as an invasion of privacy. It doesn't matter whether you are married, separated or divorced.
Can I subpoena my wife's text messages? ›
If a text message is used in court, it would most likely have to be provided by the accused. This is not a common occurrence, so, in short, the answer is, yes, text messages can be subpoenaed, but, no, they are not frequently used as evidence for the reasons above.
Can someone read my text messages from another phone? ›
Yes, people are able to read your text messages from another phone. However, they need to get access to your device or accounts to do so. There are four main ways that someone can spy on your messages from another phone: They can log in to your iCloud or other cloud backup accounts.
Is it wrong to check your partner's phone? ›
If you're asking yourself should I go through his/her phone, think about the consequences and the real reason you're thinking about doing it. Maybe you're checking a phone after cheating or following mistrust, but the truth is that, more often than not, you should not go through your partner's phone.
Is it okay to read other people's text messages? ›
It is important to get legal permission before reading someone else's texts to avoid breaking privacy laws. If you're going to monitor texts, be sure it's for a good reason and respect the other person's privacy.
Should I confront my husband about text messages? ›
If you know for sure that your husband has been sending inappropriate texts, it's definitely a good idea to sit down and have a serious conversation about it. However, as angry as you might be, try to keep things civil.
Is it OK to read your boyfriend's texts? ›
So, Is It Ever OK? The long and short of it: No, it's generally not OK. It's a violation of your partner's privacy and a breach of trust ― not to mention, it's often unproductive: You might find nothing and then feel like a jerk for snooping. You might find something small and innocent and blow it out of proportion.
