Legal Question in Family Law in Illinois

E-Mail privacy between spouses

I am in the process of getting a divorce. My wife broke into one of my e-mail services and read the e-mail I had from other women (including pictures). Based on what she found in the e-mail she is sueing for divorce under the grounds of adultery. I have never met any of the women that I am talking to on the internet. She then gave copies of the e-mails to her lawyer. I wonder if it was illegal for her to break into my e-mail, and if you have a court case citing the decision either way?.


Asked on 1/22/98, 9:28 pm

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN

divorce and e-mail

As an Illinois divorce lawyer, the question you ask is not a divorce question. It is a privacy - computer law question and you should ask someone in that area. Without doing any research some factual questions are raised by your question - how did she "break in" to your e-mail - etc - but, in its purest sense, the allegation of adultery doesn't effect the division of your marital property - custody may be another issue - but how does your e-mail prove aduitery - and back to the computer law issue - is her lawyer's possession of the stolen e-mail make him criminally responsible - again not a divorce law issue

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Answered on 1/27/98, 7:55 pm


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