Legal Question in Family Law in Illinois

emails

Is is legal to read my wife's email? We are divorcing, but currently are not separated.


Asked on 11/30/06, 8:17 am

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: emails

You may want to be careful about reading your

wife's emails. The federal eavesdropping statute

prohibits the taping of phone conversations, etc.

without the knowledge of the other party and one

can be prosecuted for this. There was a case

where a wife taped a conversation between her

husband and a woman with whom he was having an affair and she was convicted of violating the

federal eavesdropping law even though her husband

was having this affair. In my opinion the federal eavesdropping law has been expanded to

cover online communications which are intended

to be private. Since you and your wife are divorcing, it could be argued that your wife

would not want to give you an open door to her

outside communications. It is best to play it

safe. I will be happy to answer any additional

questions that you may have.

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Answered on 12/02/06, 9:44 am


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