[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.charlesullman.com\/digital-spying-and-divorce-cheating-spouse#BlogPosting","mainEntityOfPage":"https:\/\/www.charlesullman.com\/digital-spying-and-divorce-cheating-spouse","headline":"Is Cyber Spying on a Cheating Spouse Illegal?","name":"Is Cyber Spying on a Cheating Spouse Illegal?","description":"A husband or wife who thinks their spouse is cheating on them might be tempted to investigate and figure out what is going on. These days, checking up on someone usually involves a look at their computer, cell phone, or other electronic media devices. This is a form of cyber...","datePublished":"2022-05-05","dateModified":"2025-07-30","author":{"@type":"Person","@id":"https:\/\/www.charlesullman.com\/author\/cullman#Person","name":"Charles R. Ullman","url":"https:\/\/www.charlesullman.com\/author\/cullman","identifier":57,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/95523b76e3fabd629464090bfe2a95c0788960cc1dccd6db5bf756e20d0d4c67?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/95523b76e3fabd629464090bfe2a95c0788960cc1dccd6db5bf756e20d0d4c67?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Charles R. Ullman & Associates","logo":{"@type":"ImageObject","@id":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/logo.png","url":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/logo.png","width":310,"height":78}},"image":{"@type":"ImageObject","@id":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2022\/05\/cyberpsky.jpg","url":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2022\/05\/cyberpsky.jpg","height":958,"width":1447},"url":"https:\/\/www.charlesullman.com\/digital-spying-and-divorce-cheating-spouse","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=3lmryL9jXGY#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=3lmryL9jXGY","name":"Cyber Spying on Cheating Spouse  Is It Illegal","description":"Think your spouse is cheating? You may be tempted to check their phone or computer\u2014but be careful. Cyber spying can easily cross the line into illegal territory. In this video, we break down what\u2019s legal, what\u2019s not, and how digital snooping can impact your divorce case in North Carolina.\n\nBefore making a move, get legal guidance. Contact the experienced Raleigh divorce attorneys at Charles R. Ullman & Associates today: https:\/\/www.charlesullman.com\/\n\nCall (919) 336-0870 for a confidential consultation. Call (919) 336-0870 for a confidential consultation.","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/3lmryL9jXGY\/default.jpg","https:\/\/i.ytimg.com\/vi\/3lmryL9jXGY\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/3lmryL9jXGY\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/3lmryL9jXGY\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/3lmryL9jXGY\/maxresdefault.jpg"],"uploadDate":"2025-04-23T20:29:55+00:00","duration":"PT1M50S","embedUrl":"https:\/\/www.youtube.com\/embed\/3lmryL9jXGY","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCBliU7IoQ75K4p3rqFuEEAQ#Organization","url":"https:\/\/www.youtube.com\/channel\/UCBliU7IoQ75K4p3rqFuEEAQ","name":"Charles Ullman","description":"If your life has been turned upside down by a separation, divorce or child custody dispute, you are at the right place for help. My Raleigh, NC law firm, Charles R. Ullman & Associates, concentrates in all aspects of family law. We know how difficult the end of a marriage can be for you and your family, and we can handle all of your legal needs in these emotionally challenging moments.  Here is a collection of videos that we created or curated.\n\nCharles R. Ullman & Associates\n109 S. Bloodworth St.\nRaleigh, NC 27601\nPhone: (919) 829-1006","logo":{"url":"https:\/\/yt3.ggpht.com\/ytc\/AIdro_mdvm_x8iqBZzjeOGoJk_8kTScmhyg1Y4iE_nmTS8RQ7_8=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=3lmryL9jXGY#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=3lmryL9jXGY#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=3lmryL9jXGY&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=3lmryL9jXGY#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":190}]]},"about":["Divorce & Separation"],"wordCount":991,"articleBody":"A husband or wife who thinks their spouse is cheating on them might be tempted to investigate and figure out what is going on. These days, checking up on someone usually involves a look at their computer, cell phone, or other electronic media devices. This is a form of cyber spying that can easily cross the line into illegal activity.If you think your spouse is cheating on you or hiding information that may be relevant to your divorce, you should speak to a North Carolina divorce lawyer. There are legitimate ways to investigate your spouse\u2019s activities. At Charles R. Ulman & Associates, we can counsel you on the use of digital spying and methods to gather evidence of marital misconduct that may be useful in your divorce proceedings.Is It Illegal to Spy on Your Spouse?Even in a failing marriage, married couples often know a lot about each other\u2019s business. You may share a computer. Some couples share online accounts, such as on social media. But the line between legal and illegal is drawn where one spouse has a reasonable expectation of privacy.A surreptitious intrusion into an area of someone\u2019s life that they have intentionally kept separate and beyond your knowledge is spying. It could be illegal.For example, accessing a spouse\u2019s password-protected account without permission would likely be considered illegal spying. The fact that the spouse took steps \u2013 the password \u2013 to ensure others could not access the account indicates that they had an expectation of privacy.North Carolina\u2019s Electronic Surveillance Act (NCGS \u00a7 15A-287) makes it a felony to willfully intercept, try to intercept, or hire someone to intercept any wire, oral or electronic communication without the consent of at least one party to the communication. This makes it illegal to try to access another person\u2019s computer, phone, or network without their permission.The Electronic Communications Privacy Act (ECPA)\u00a0is a federal law that makes it a crime to access someone else\u2019s private communications without permission. It covers cell phones, computer use, email, social media accounts, and other types of electronic communications.However, if the means of spying involves a jointly-owned computer that both spouses use, it may be more difficult to make a case.As you might suspect, both federal and state laws have exceptions for legitimate law enforcement activities.Ways Your Spouse May Be Cyber Spying On YouHere are just a few ways a spying wife or husband might go about their electronic surveillance of your activities:Keyloggers. If keylogger software has been downloaded to a computer, it will track everything any user does on the computer \u2013 every keystroke, mouse click or website visited, and each side of any online chats. All this information gets stored in a file that can be reviewed later. This allows the cyber spy to collect any\u00a0usernames, passwords,\u00a0or credit card numbers entered on the computer.Spyware. Spyware lets a person secretly monitor and record information about the targeted person\u2019s phone activity. In addition to call history and the phone\u2019s location, the spyware user can use an app to see text messages sent and received, photos and videos taken, and websites visited. A person must have access to your phone to install spyware, but it runs in stealth mode without any notification or identifying activity. It can be difficult to detect or remove.GPS trackers. A GPS tracking device attached to your car allows the individual who has placed it there to monitor where you go in that vehicle. GPS tracking devices are inexpensive and easy to use. One may be hidden almost anywhere on a vehicle. With an active GPS tracker, the car\u2019s current location is shown on a map accessed with the accompanying app. With a passive tracker, the user can\u2019t follow the subject\u2019s every move. Instead, they must obtain the device and download stored information onto a computer.Social media spy apps. There are several apps available that allow people to spy on Facebook and Facebook Messenger or other social media applications and sometimes even monitor a target\u2019s phone calls, email, and text messages.If you believe that your spouse is stalking you and your safety is endangered, you have a right to seek a protection order. Charles Ullman & Associates can review your circumstances and help you request a restraining order if needed.How Spying on Your Spouse May Affect Your Divorce CaseIf you believe your spouse is cheating on you, talk to a knowledgeable divorce attorney before taking matters into your own hands. Simply put, you will not look good if it comes out in court that you have been spying on your spouse during your separation and divorce. Things can get out of hand quickly. The more intrusive your scheme, the worse it will sound, even if you gathered evidence of your spouse\u2019s wrongdoing.This is important to consider. In a contested divorce, the judge has great leeway when considering such issues as spousal support (alimony), child custody and support, and division of assets.You could ruin your good standing with the court and suffer the consequences if your spouse accuses you of cyberstalking and explains to the court what you\u2019ve done. North Carolina law allows a victim of cyber spying to sue for damages.Contact Our Divorce Lawyers Before You Make a MistakeThere are times when it\u2019s appropriate to hire a private investigator and examine an estranged spouse\u2019s activities as part of your divorce. At Charles R. Ullman & Associates, PLLC, we conduct thorough investigations when warranted as part of our separation and divorce legal services.For guidance on what to do if you suspect your husband or wife is cheating or spying on you, call the experienced\u00a0Raleigh divorce lawyers\u00a0at Charles R. Ullman & Associates today. You can schedule a consultation now by calling (919) 336-0870 or using our\u00a0online contact form."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Is Cyber Spying on a Cheating Spouse Illegal?","item":"https:\/\/www.charlesullman.com\/digital-spying-and-divorce-cheating-spouse#breadcrumbitem"}]}]