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 legal to look at spouse'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? ›
A husband or wife's text messages can be obtained in a few different ways: A lawyer can send a letter to the cell phone service carrier explaining the need to preserve text messages for a divorce or parentage case. This letter should refer to the Federal Stored Communications Act, 18 U.S.C. Chapter 121, § 2702(b).
Is it right to read your partners phone messages? ›
May Have Trust Issues
Tirrell DeGannes, Licensed Clinical Psychologist in New York City, says that looking through your partner's phone “may infer that trust is not well-built between the two people in the relationship. Curiosity is one thing but actively going through someone's phone is an exercise of mistrust.
Is it possible for someone to read my text messages from another phone? ›
Can someone view your 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.
Can my husband read my texts remotely? ›
Spyware Applications: Certain spyware apps can be installed on a target device, allowing a third party to remotely monitor all text messages sent and received.
Are texts between husband and wife protected? ›
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. Even if the marriage is terminated because of divorce or the death of one spouse, this privilege could be asserted.
Can my wife find my deleted text messages? ›
Contact your phone carrier to see if they'll give you the texts. Carriers hold on to text messages for a period of time. While they may not hand them over to you just because you asked, some of them may give you access to backup software that allows you to access recently deleted texts.
How is my husband getting my text messages on his iPhone? ›
This is because iMessage is designed to work across all of your Apple devices, like your iPhone, Mac and iPad. Any text message you receive will be received on all devices that are signed in with your same Apple ID.
Can I get a transcript of text messages? ›
Federal law prevents companies from producing these documents without a court order or subpoena. Text message records must be obtained from a party's cell phone provider. An attorney can obtain a court order or subpoena to get the records directly from the service provider.
“Checking a partner's phone just brings about suspicion, and then more suspicion,” says Kilduff. “Rather than bringing you closer, it puts a wedge between the two of you and drives you further apart.” Your partner may feel upset and defensive, while you might be worried all the time.
Can wife check husband's phone? ›
However, in a relationship, if trust has been broken and your significant other is trying to make you trust them again, then with their permission for a short period of time, it is okay to check their phone. This way trust and safety can be rebuilt. However, this should not become a habit.
Should spouses have access to each other's phones? ›
So, if you've truly got nothing to hide from your spouse, give him/her the security and comfort of knowing that they have full access to your phone (and everything else). Don't make him/her have to ask. Be proactive about promoting transparency in your marriage. If you're hiding something, get it out in the open.
How is my wife seeing my text messages on my iPhone? ›
If someone else has a hold of your Apple ID or you forgot to sign out of your Apple ID on a secondhand device, they can see it all so you might want to fix that problem.
Is there an app that lets you see someone else's texts? ›
PanSpy is one of the best apps to spy on text messages designed to check another person's smartphone activity. It can monitor someone else's texts and social media chats remotely. However, the app is only compatible with Android.
Can I see my husband's text messages on Verizon? ›
You can see the text logs (not actual message content) if you are the Account Owner and logged in as such. If the phone is using Verizon Messages and you know the MyVerizon password, then you can read the messages from your computer. Otherwise, the answer is 'no'. An Accepted Solution is available for this post.
Is it illegal to look through my husband's phone? ›
Going through someone's phone without consent is typically considered an invasion of privacy, regardless of the fact that you are married.
Are text messages protected by privacy laws? ›
Consumer Consent
In many jurisdictions and under various privacy laws and regulations, consumers are generally required to give consent before their text messages are monitored. The consent requirement is a fundamental principle of data protection and privacy rights.
Can you sue someone for looking through your phone? ›
“Invasion of privacy” is a blanket term used to describe many different actions. You can sue someone if they commit any of the following: Intrude on your solitude. Someone intrudes on your solitude when, without permission, they spy on you or intercept communications, such as telephone calls.
Is it OK to look at your spouse's cell phone? ›
“I think it's important to remember that boundaries and privacy are allowable in relationships,” says Kilduff. “When you start checking someone's phone, you erode the trust and the natural leap of faith you took when entering into the relationship.”
