Legal Question in Family Law in Michigan
Keylogging to confirm an extramarital affair.
I suspected that my spouse was having an affair, communicating mostly over the Internet through an instant message program.
I installed a keylogging program that tracks both sides of the conversation and confirmed the affair. The chats revealed explicit conversations, evidence of actual physical contact and phone communications.
I suspect, when confronted with a divorce complaint, my spouse will deny the affair or the seriousness of it.
Can I use this gathered information as proof of their infidelity or will I need more traditional evidence such as photos, video? Am I within my legal rights to intercept the coversations?
2 Answers from Attorneys
Re: Keylogging to confirm an extramarital affair.
It will be determined by a number of factors: the judge, whether this falls under illegal wiretapping, and the reliability of the data(info). If you go to trial, an expert may be necessary to support the validity of the info. Otherwise, I see no reason why the info. cannot be used at trial. For more info, please contact my office at (248)851-3171.
Re: Keylogging to confirm an extramarital affair.
If you both have an ownership interest in the computer, I believe it MAY be okay to open and read the emails on it, but only if she had give you the password. But by keylogging, you may be running afoul of the Federal Wiretapping Act, which does not provide for interspousal immunity. You may need to hire a P.I. to take photographs in public places where they would not have an expectation of privacy. Finally, you do not need a reason or justification for divorce in Michigan - it is just that evidence of infidelity may help you either gain or avoid spousal support, or a greater share of the property interests.
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