In my last post, I described a list of potential avenues to consider when seeking to preserve or obtain evidence which might corroborate that a spouse is cheating. In that post, I also tried to emphasize that any evidence-gathering should be done lawfully. After all, while striving to corroborate one crime (yes, adultery is a crime under Virginia law, even though it is very seldom prosecuted), we don’t want a client or potential client to commit another one. What follows are some points to consider to “keep it legal:”
1. It is lawful for you to duplicate your own cell phone records. Accordingly, if you and your spouse have a joint cell phone account or his or her cell phone is on your account, you can lawfully copy the records. You can also lawfully copy records from his or her separate account if they are left lying around or are stored somewhere in your jointly-owned house.
2. It is lawful for you to duplicate emails that are left open on a family computer. Accordingly, if your spouse leaves his or her incriminating emails up on the screen, they are fair game. The same is true if your spouse has previously shared his or her password for their account with you.
3. It is lawful for you to duplicate the Internet search history on a family computer.
4. It is lawful for you to duplicate your own credit card statements. Accordingly, if you and your spouse have a joint credit account or he or she is an authorized user on your account, you can lawfully copy the records. Similarly, you can also copy any credit card statements from his or her separate account if they are left lying around or are stored somewhere in your jointly-owned house.
In the end, if you have questions about the legality of your methods of evidence-gathering, you should consult with an attorney before engaging in potentially unlawful behavior. It is always better to be safe than sorry, even when dealing with such an emotional issue as a cheating spouse.
