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If I Hacked My Spouse's Computer during a Divorce Can it be Used Against Me?
Trying to spy on your spouse should never be done. With the changes made to Florida law including cyber stalking, spying is against the law. This type of action can be considered criminal. Refer to the Florida Statues 784.048.
If your spouse has posted information on a social media site like Facebook or Twitter, that's different. The information is no longer considered private. Because these are public forums, the otherwise personal information has been put on display for any member of the public.
With the settings available on many electronics, however, it is important to take into consideration auto passwords. Many people input their information so that it automatically allows entry. The owner of the account can claim that the information posted was not written by them because they did not have control of their account at all times. Examples of this could be someone grabbing their phone and making a post or accessing their computer.
That being said, the argument that can come against you when you hack into a computer could be the unlawful action of hacking on your part.
When going through a divorce, the best idea is to avoid looking for information on your spouse's computer
As soon as the divorce has been filed, with the exception of any joint accounts, you should change your personal passwords right away. This can avoid any problems with the opposing party gaining access to your accounts because of their previous knowledge of your personal information. If there can be no solution figured out with the joint accounts, split whatever money remains and close the account.
If the judge discovers that you took advantage of a careless spouse and their ability to protect their account, your credibility is going to be greatly reduced. When it comes time to distinguish between the "he said" and "she said" in your divorce, the judge is going to take into account the way you were trying to gain an advantage of your spouse. Judges are human. They are going to look at you as a hacker if in fact that is what you did or tried to do during your divorce. They are going to look at your spouse as a victim and someone who has been taken advantage of. The best idea is to not put yourself in that situation.
The moral here is never hack your ex. It is not only damaging to your credibility, it can also be considered illegal. If you have been found out in this action, you are only going to look bad. Don't put your good name on the line looking for data. Lawyers and subpoenas can handle that job.