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Spying on a cheating spouse may backfire

Filing for a divorce in Michigan may be an emotional decision, and when a spouse believes there is infidelity, the sense of betrayal may exacerbate the conflict. According to MichiganLegalHelp.org, all a spouse needs to prove in a divorce is that the relationship has failed and cannot be repaired.

During the divorce, the law’s intent is to divide marital property and award spousal support in a way that is fair. So, a spouse who commits adultery does not necessarily get off scot free, because evidence of cheating may be considered when the judge determines what would be fair to the spouse who was wronged. For some people, this may make catching their spouse in a compromising situation a priority and spur actions that end up being detrimental to their own cases.

The Houston Chronicle reports that people have been charged with invasion of privacy after using technological devices to track or record their cheating spouses. Desire for a better settlement in alimony cases and the desire for revenge may tempt spouses to seek out tracking devices, cameras and video or audio recorders. But, the ease with which these can be purchased may be countered by the results of their use. Listening to and sharing information from a conversation where confidentiality is an issue, such as between a counselor and patient or an attorney and client, may also get a spouse into legal trouble.

Even if the activity is captured and produced as evidence in court, it may not be admissible information because of the way that it was acquired, so it is generally better to avoid activities that could be considered spying.

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Lorrie J. Zahodnic

"I will hold you up until you can stand on your own two feet."

Lorrie J. Zahodnic, P.C. has provided skilled and compassionate legal guidance to Michiganders in family law matters for over 20 years.

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