In general, I do not recommend spying on your spouse after you decide to get a divorce. If you find that your spouse is cheating, there are some remedies for you that are legal, but if you choose to do a little digging, read up on what is punishable under law. Under Illinois law, cheating is unlikely to affect child custody, alimony, the distribution of assets of civil status or higher. In most cases, the only thing you’ll get is grief.
If you think your spouse is spending family money on non-marital relationships, you (or your Divorce lawyer) can apply to the court a financial restraining order. This order prohibits your spouse from using family the money for non-marital relationships. The order is common in cases of divorce, and you do not prove adultery to get it.
Some situations warrant investigation
Although generally not recommended, there are some situations in which a little research can be useful if you suspect your spouse of cheating.
If you feel that your spouse has spent too much money, excessive for actual business expenses, on the family business in the past, you might want to do a little research. If you have sufficient evidence, you may be able to say that there have been cases were large amounts of unauthorized business money have been used non-marital, non-business relationships. In a divorce, you could get that money that you’re entitled to as long as your partner does not lose money in the family business. Illinois law is unclear on what is considered a marital dispersion of funds. It’s not even clear on when it can happen. The court could rule in your favor or against you. Anyway, this kind of digging is only valid if the cost was extreme and actually emptied the bank account of the family.
Do not break the law
If you choose to spy on your spouse, you must take care not to break the law. Here are some things you should not do if you live in Chicago, Illinois:
- Record your spouse’s phone calls
- Open his / her mail without permission
- Using his / her password to access his / her internet accounts (unless he / she gave you the password), and
- Breaking into his / her office
Things that you could probably look for:
- The family laptop or computer
- Telephone messages on your phone or the family phone
- Mail left open around the house
- Financial documents at home
- Most joint accounts (phone, credit cards, mortgages, etc…), and
- Anything that is left out in the open
Conclusion: If you truly feel the need to spy, do not break the law. Additionally, if you do suspect your spouse of cheating, and would like some legal advice, please contact me, Patricia, and do the legal thing: contact a Divorce lawyer. Divorce may not be in the cards, but it is the legal way to go about getting information from your spouse before you end up breaking the law.
