Is It Illegal to Go Through Your Spouse’s Phone?

 Posted on May 26, 2023 in Divorce

Going through your spouse’s phone can be extremely tempting. In one way or another, most people have felt the urge to invade their spouse’s privacy to learn about their secrets and thoughts or even to uncover evidence of a marital affair. But when dealing with a divorce, emotions can be raw and overwhelming, leading people to act impulsively. One question that arises is whether going through your spouse’s phone is legal.

Illinois is considered a “no-fault” divorce state, meaning neither spouse must prove fault or wrongdoing to get a divorce. However, that does not mean all actions are legal during a divorce. In fact, Illinois has strict laws regarding the invasion of privacy, which can include going through someone’s phone or computer without their consent. That is why it is so important that as you proceed with your divorce, you should always consult with a divorce attorney when you have any questions or concerns about anything related to legal matters. Your lawyer will provide legal guidance to ensure you can make sound decisions.

What Does the Law Say?

Under Illinois law, it is illegal to intercept or access electronic communications without the owner’s consent. This can include emails, text messages, and other forms of electronic communication. So, for example, if a spouse goes through their partner’s phone without permission, they may be breaking the law.

Furthermore, Illinois is one of the few states that recognizes the tort “intrusion upon seclusion,” which involves intentionally intruding upon someone’s private affairs when a reasonable person would find such intrusion offensive. Going through your spouse’s phone without their consent could be considered an intrusion upon seclusion and may be grounds for a civil lawsuit.

Additional Considerations

In addition to potential legal consequences, going through a spouse’s phone during a divorce can have negative implications for the proceedings themselves. Evidence obtained through illegal means, such as going through a spouse’s phone, may not be admissible in court. This means that any information or evidence found on the phone may not be able to be used in the divorce proceedings, potentially hindering one’s ability to make their case.

Contact a Rolling Meadows Divorce Attorney

It is essential for anyone approaching the divorce process to hire an attorney. Failing to hire an attorney will put you at a significant disadvantage during proceedings and will likely result in an unfavorable outcome. Therefore, contact the judicious Arlington Heights, IL, divorce lawyer with Law Offices of Donald J. Cosley for legal counsel. Call 847-253-3100 for a free consultation.

Source

https://www.isba.org/sites/default/files/Media%20Law%20Handbook%20Chapter%2012%20-%20Right%20to%20Privacy.pdf