Why Using a Nanny Cam or Other Spy Tricks Hurts Your Divorce Case

 Posted on August 21, 2019 in Family Law

Divorce often brings out the worst in people. Even spouses who used to get along somewhat amicably before the divorce, but decided it was still best to split ways, tend to grow colder to one another and communicate less. Things can really get nasty during custody battles or when one spouse feels that the asset division or spousal support proposed by the other is unfair at best and a slap in the face at worst. During contested divorces, it is best to keep a calm, thoughtful, and rational approach so as to increase your chances of a successful outcome. An experienced DuPage County divorce attorney is always necessary during divorce — particularly when there is as much controversy as there are issues at stake, such as support, custody, and asset division.

Legal and Potentially Useful Evidence in Divorce Proceedings

Child custody and division of marital assets are the two big conflict areas in divorce and for good reason. A variety of evidence can be used to make the case of either spouse. For example, a mother may wish to build her case that she was the primary caretaker of her child, and submit evidence of such in the form of medical and school records—appointments that she attended and the father did not—in order to substantiate her claim that giving her sole custody is in the child’s best interest.

• Text message exchanges
• Emails
• Social media pictures, comments, and messages
• Credit card statements
• Bank account information
• Tax records
• Investment information
• Receipts
• Photos
• Property appraisals
• Wills
• Medical records
• Custody evaluation reports

Evidence That Can Hurt Your Cause

GPS tracking via hidden apps in cell phones, keystroke recordings on computers, hidden nanny cams, and secret recordings may seem like a good idea to catch your spouse off guard and get them to reveal the truth, but engaging in any of these activities can seriously harm the outcome of your divorce. For one, many “spy-like” acts, such as secretly recording conversations, are illegal. Under 720 ILCS 5/14-1, eavesdropping by secretly recording a private conversation is a felony.

Under 720 ILCS 5/21-2.5, using a GPS device to track someone’s car is a misdemeanor. Not only are these measures illegal, but a court will likely look upon a spouse who engages in any of these unfair or unseemly tactics as someone with serious moral flaws. A judge ruling in a custody hearing or division of assets is less likely to side with a spouse who is currently displaying their dishonest actions for all to see.

Call Our Hinsdale Divorce Attorneys Today

When it comes to gathering evidence for your divorce, we encourage you to leave the detective work to us, the professionals. Call the skilled DuPage County divorce attorneys at the Law Office of Martoccio & Martoccio today at 630-920-8855 today to schedule a free consultation.

Sources:

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K14-1

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K21-2.5