QUESTION

does a spouse have legal rights to transfer email messages and cell phone messages without my permission. If email and cells are password protected

Asked on Jun 22nd, 2014 on Divorce - Virginia
More details to this question:
and spouse gains access to hidden passwords is it illegal to enter either instrument without owners permission and retrieve personal information or have information on either instrument transferred to another devise as a computer or cell? I am going through a divorce and my spouse has found ways to enter into my cell and computer and retrieve personal information and made copies or transferred to another computer. My cell is a NY 917 area code but I am living in Virginia. we have a young child and spouse is gathering information for adultery claims
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
As a general rule, if your email and phone messages are password protected and you did not provide the password to your spouse, then you have an expectation of privacy that your spouse has invaded.  Because of this violation of privacy, your spouse should not be able to use any of the information they have gathered in this method against you in court in a divorce.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    
Answered on Jun 22nd, 2014 at 12:20 PM

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