Is it illegal for my spouse to go through my brief case and copy / photograph personal papers?

Question

My spouse, who has recently filed for a divorce, has been going through my brief case, photographing and copying personal papers, company financial reports, bank  statements from my company and in some cases just taking my personal documents.  I caught her doing this, and she also told me that she had been reading my emails on my personal computer, and saving this information for her attorney.  Is this illegal, what should I do?

Melvin Franke · Answer

Fet a P O Box and change your email to be protected.

William C. Gosnell · Answer

No.

Gregory Crain · Answer

No.

Austin Hirschhorn · Answer

If you leave your brief case in a location where it is accessible to your wife you run the risk of her taking advantage of the opportunity to go through your brief case and gain access to things you might not want her to see.  If there is a divorce case pending you might want to apply for a personal protection order or injunction to restrict her access things you don't want her to see.  You might want to rent a storage locker where you can keep things you don't want her to see.  You could also move to a separate residence.    There have been some recent cases filed where spouses were invading the privacy of their partner while a divorce case was pending and the disposition of those cases has often depended upon whether the party whose privacy was allegedly being invaded was as guilty as the other party and doing the same things.  In one of those cases, the judge dismissed the suit because the parties were equally at fault.  If the marriage is at an end you are going to eventually have to separate and it is usually less painful for all if this happens sooner rather than later.  You might also want to hire your own attorney and get the attorney's advice about what you should do.  Without knowing all of the facts it is difficult for me to give you an answer.  If you think that your spouse is doing something criminal you might want to contact the police but you might find that they do not want to get involved in a family dispute in a failing or failed marriage.

Barbara Peyton · Answer

If you are still living in the same house your expectation of privacy is very low and you will be hard pressed to convince a judge that your privacy has been invaded.  In divorces in California there is a duty of full disclosure of all asset, debt and income information so you would probably have been required to disclose most of the things your wife has accessed in any event.  If you want greater privacy get a briefcase with a combination lock and put a password on your computer.

Leonard A. Kaanta · Answer

No it is not legal, and you should  inform your attorney.

George Seide · Answer

First, this advice does not create an attorney/client relationship. This may only be created between us with a written agreement.  Second, keep your briefcase in your office or trunk of your car.  Third, you may go into court an get an emergency order to keep your spouse out of your personal property.  Finally, there are Federal statutes making it a crime to read anothers email, unless you leave it open on the computer. Change your password!

James Lentz · Answer

It sounds to me like serious damage is done.  Your documents are now in the hands of her lawyer.  What should you do? First, run to a Lawyer with experience in family law.  Do not take an an amateur because if you have a business, the assets may be split.  You need someone who has fought this battle. I emphasize: you need your own attorney NOW.

Dennis P. Mikko · Answer

The best thing for you to do is to make sure she cannot gain access to your briefcase, personal papers, emails, etc.  It is probably not illegal but preventable.

Leonard Schwartz · Answer

You need to lock everything up or keep it outside the house. It is illegal to look at your email.  Once everything is locked up it is illegal for her to go into your briefcase, desk, etc.

Harry Roth · Answer

Move out or don't leave your briefcase around with personal stuff in it.? Rude? Yes.? Illegal?? It's her house.

Rhonda Ellifritz · Answer

Hire an attorney.  That attorney can look into whether her activity was illegal and put a stop to it.

Michael Yeksavich · Answer

Talk to your lawyer and, most especially do not leave things out where they can  be found.  I often advise my clients to start copying records that might be  useful in a divorce.  Also remember the items might be discoverable  under the  Discovery Code.

Timothy Byrne · Answer

It is not illegal unless she is hacking files and passwords. Lock up your documents or keep them elsewhere for the time being.

John Kirchner · Answer

It is wrong.  Whether something is "illegal" (i.e. criminal) is impossible to answer broadly, however.  Much of what she is apparently looking for appears to be information that, as part of divorce case in Colo, you are required to give her anyway without being asked.  So, the real question may be how she is getting access to your paperwork and that may or may be criminal conduct.  You need to have your own attorney to deal with the situation and you clearly need to take appropriate steps to make it difficult or impossible for her gain access to your personal papers.  As long as you live in the same household (if that is the situation) there isn't much for you to complain about.  If you move out and she breaks into your residence, she is probably guilty of burglary or some other criminal statute.

Steven Alpers · Answer

I doubt that anyone woud do anything to her for these acts. Many people do this to avoid discovery  on those issues. They could demand those papers from you. I would not bring anything home and I would change my sign in for my e-mail.

John Brennan · Answer

I would certainly hope you have an attorney.  If not, get one NOW.  It sounds like you are going to have a nasty divorce.  From your listing of documents viewed or copied, including your emails, most of what was mentioned is discoverable and therefore could be subpoenaed.  Change your passwords.

Michael Dehaven · Answer

Unfortunately, it sounds like your spouse has hired an attorney who is preparing for a litigation. If you haven't already done so, retain an experienced litigator because it's possible that some of that evidence may not be admissible if it was obtained illegally.

Gary Russell · Answer

If you have your own company that is at risk in this divorce, I don't know why you have not hired counsel as of yet. You need to. As for copying documents, she is entitled to discovery, however her means of obtaining it may be improper. Especially reading your e-mail, which could be a criminal offense depending upon the specifics. Get counsel fast.

Glenn Tanner · Answer

Taking this information is the smallest of your problems. Get an attorney asap to deal with the entire aspect of your divorce. Most likely, all the information taken is information she'd be entitled to anyway. If she took company information she wasn't suppose to, do you want that made public? Would your company consider you negligent? Six months from now, what she's done won't matter and you'll be living with bigger issues. Focus on the forest and not the trees.

Erin Farley · Answer

Keep your personal papers away from your spouse, and change all of your passwords. Whatever paperwork your wife has taken can be requested through discovery. Discuss additional options with your attorney.

Robert Merlin · Answer

I believe that it is an invasion of your privacy, but I am not sure that the State Attorney would do anything about it. Call your local State Attorney's office and discuss it with them.

Mandy McKellar · Answer

Nothing much to do about it.  However, if this evidence is privileged then this will become an issue in the divorce case regarding what evidence can be used for trial to prove the case and what not, sometimes filing for a protective order or a Motion in Limine is required.  Most likely if it is items regarding your personal finances she will be entitled to have this information during the divorce anyhow.

Jon Buchholdt · Answer

No, it is not illegal, either under civil or criminal law.  It sounds like you may be headed for divorce court, and, if so,  you need an attorney.

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Is it illegal for my spouse to go through my brief case and copy / photograph personal papers?

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