Can a husband use emails he found in the wife’s personal IPAD, Tablet, or her personal cell phone as evidence in a separation actions for infidelity?

Asked on December 15, 2015 under Family Law, Alabama

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your daughter either directly or indirectly gave her husband access to the accounts or devices where he discovered the date, then the husband may be able to use the information at trial if he can prove that she created the documents. (She wouldn't be the first person to be the victim of someone using her identity on devices or accounts)  If he hacked her devices or accounts without her permission, then she may be able to counterclaim him for a federal violation of wire tapping statutes.   If the evidence was obtained illegally, then it would not generally be admissible in court.  Keep in mind this is a general statement... meaning that some exceptions specific to your daughter's case could apply.


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