Top 3 “Need to Knows” about The Spying Spouse

How to handle a spouse that is looking over your shoulder during your dissolution case. 

When filing for a Petition for Dissolution, many spouses begin the ‘search’ into the pockets of their spouses digging for any information they may think to be helpful. However, contrary to many beliefs, the Florida Court system may disfavor many of these types of evidence gather techniques. So, before you begin digging, you may want to pick up on a few keynotes before handing over certain types of evidence. 

1. Keep your Facebook and or your social media accounts private! 

Any and all photographs or videos obtained unknowingly and or without your permission are inadmissible. On the other hand, anything you make viewable to the public, its fair game.  

2. You cannot use recorded conversations

Florida courts have held in the absence of authorization or consent of both parties, telephone recordings of your spouse are generally inadmissible in dissolution of marriage action. 

3. Spyware is not going to help you

If you or your spying spouse plans on intercepting e-mails or communications regarding an alleged affair or another related matter, Florida law may consider it inadmissible evidence and may even deem it as an illegal act. In a recent case, A Florida Court held that a spouse who ‘intercepted’ her husband’s electronic communications with another woman via e-mail and instant messaging was illegal and was prohibited from using such gathered information. 

If you may be considering filing for divorce or require legal assistance in other areas of Family Law you may always contact Teresa Prescott of The McKinney Law Group to discuss your case further. She can be reached by phone at 813-428-3400 or by e-mail at

Teresa Prescott

The McKinney Law Group, 1105 West Swann Avenue, Historic Hyde Park North, FL, 33606

Teresa Prescott has been with The McKinney Law Group since early 2015. She began her work with the firm as a Law Clerk and in April of 2016 accepted a position as an Associate Attorney following her completion of the Florida Bar examination.