I helped my spouse set up a gmail acct some years back and I have the password. If I look at my spouses timeline/activity is that considered illegal or legal? I see where he goes to hotels, Adult book stores, etc. I also see he appears to be addicted to porn. Can I use this in court to prove cheating? If our cell phone service is in his name is it legal for me to make copies of phone numbers called/ text messages? We got our phones and the phone service together but it is in his name only. I am responsible to make sure the bill gets paid each month and I pay it online.
If your spouse knows you have the password to his Gmail account and he does not change it, you can still obtain and use the information contained within it. What you cannot do is hack into his account if he has changed the password or notified you that you no longer have his permission to access his account.
You can make copies of the phone bills if for example, he leaves a paper copy laying on the table in the open. You cannot open them in the mail if it is addressed only to him. If you have online account access and he is aware, then it would be acceptable to access the bills and usage online.
The best way to prove an act of illicit sexual behavior is private investigator evidence, in conjunction with the evidence you have already collected.
For more information about private investigators, check out our article Can a Private Investigator Help My Divorce Case?
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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Thank you very much.