Dealing with a Spying Spouse During a Divorce
Individuals each react quite differently in response to becoming a party to a New Jersey divorce case. There are many examples of a party to a divorce engaging in conduct that is unbecoming to say the least and utterly contemptable at the other end of the spectrum. One type of inappropriate conduct engaged in by some people involved in a marriage dissolution case is what fairly can be classified as spying on the other party. You may have found yourself in the midst of a marriage dissolution case only to find that the other party (your soon to be ex-spouse) has been inappropriately spying on you. As will be discussed in a moment, the ultimate remedy to this type of unacceptable behavior is to obtain a restraining order.
What is being referred to as spying during a divorce comes in four primary different forms. In other words, there are four fundamental ways in which the other party to a divorce may spy on you or otherwise attempt to glean information about you during a marriage dissolution case. These are:
- Use of technology
- Traditional stalking
- Friends and family as conduits
- Children as information sources
The alarming reality is that with increasing frequency, a person in a divorce proceeding elects to utilize technology as a means of tracking, obtaining information about, or generally invading the privacy of the other spouse in a marriage dissolution case. Indeed, this is becoming the preferred method by which a considerable number of divorcing individuals obtain information and monitor the activities of their spouses.
This can include a very simple process involving monitoring social medial accounts. It can also involve something far more insidious like the utilization of spyware and other applications which invade a person’s smartphone or other type of device.
Stalking During a DivorceWhat might be called “old-fashioned stalking” is still occurring during divorce cases. Every year, scores of parties in divorce cases in the Garden State are called out for stalking their spouses. The shocking reality is that many, many other instances of divorce-related stalking is ongoing and never detected by the victim of this type of behavior. Stalking is an act of domestic violence and a criminal offence in New Jersey which can result in the issuance of a restraining order.
Friend and Family as ConduitsAnother means by which a party to a divorce spies on a spouse is by taking advantage of friends and family. In some cases, friends and family are unwilling participants in a surveillance endeavor launched by a party to a divorce. In other instances, the parent actually enlists the aid and active participation of a friend or family member if spying on the other spouse during the course of marriage dissolution proceedings.
Using Children as a Conduit for SurveillanceOne of the most insidious ways in which a divorcing person spies on the other party to a marriage dissolution case is by using children as conduits for surveillance. A common scheme involves the spying parent manipulating a child into spying on the other parent and reporting back to the individual that initiated this type of process. Using children during a divorce in this manner can have lasting negative consequences.
There is also a reasonable argument to be made that using children in this manner is abusive conduct. It certainly runs counter the best interests of child, interests that are to be safeguarded by both parents.
Obtaining a Restraining OrderIf you believe the other party in your divorce case is engaged in some type of spying, you may need to obtain a restraining order to bring such conduct to an end. They can be used to constrain some of the conduct described in this article if that conduct amounts to an act of domestic violence. You place yourself in the best position to protect all of your vital legal interests in a divorce case, including stopping the type of illicit conduct described a moment ago, by engaging the professional services of an experienced New Jersey divorce lawyer. The first step in engaging legal representation is to schedule a free initial consultation with a divorce attorney at the Law Offices of Peter Van Aulen. You can reach us by calling (201) 845-7400.