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Divorce & Family Law Attorney Scott Downing Cautions Against High-Tech Spying During Divorce
October 18, 2012 7:42 am

Divorcing spouses who are tempted to install hidden cameras, GPS tracking devices or computer spyware to catch a spouse suspected of cheating should make sure what they are doing is not going to get them into legal trouble, advises Scott Downing, a partner in the Family Law firm of McCurley Orsinger McCurley Nelson & Downing L.L.P. "A number of federal and state statutes address electronic snooping, and much depends on how invasive the snooping was," he says. "Were the emails sitting on a family computer or were they on a password-protected website? Was the hidden camera in a shared area of the home or was it somewhere with a reasonable expectation of privacy, like the bedroom?" Electronic eavesdropping can produce significant evidence, but that evidence may never see the light of day if it is acquired improperly. "Not only could it pose problems in the divorce, but there are also potential civil and criminal penalties," he adds. For more information, contact Rhonda Reddick at 800-559-4534 or

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