Electronic devices are a major part of our modern lives, and we leave a trail of information in nearly everything we do, whether we are browsing the internet and sending email from our computers, communicating with others on Facebook using a tablet, or making calls and sending text messages from our smartphones. When we do so, we expect a reasonable amount of privacy, and the law provides us with protections that will ensure that private conversations and communications remain private.
During divorce, it can be tempting for one spouse to try to breach this privacy, especially if they believe the other spouse is at fault for the failure of the marriage. One spouse may attempt to log into the other’s email account, install monitoring software on their computer, or gain access to the text messages on their cell phone, all in hopes of uncovering information that may give them an advantage during divorce proceedings. However, spouses should be aware of how the law addresses these acts.
Divorce and the Illinois Eavesdropping Act