Electronic Spying and Tracking Spouses in Divorce Cases: What's Legal in the Digital World?

Navigating Admissibility and Privacy: Evidence Derived From Social Media, Smartphones, Spyware, GPS Trackers

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Wednesday, June 30, 2021

Recorded event now available

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Course Materials

This CLE course will teach family law attorneys to identify and manage legal issues that arise when spouses obtain evidence using electronic or telephonic interception, smartphones, spyware, GPS tracking devices, webcams, wiretaps, or other methods.


It is an increasingly familiar dilemma for divorce practitioners: Clients come in with potentially significant evidence, a virtual smoking gun. However, if obtained through telephone interception, spyware, GPS trackers, smartphones, webcams, and unauthorized use of social media accounts, how can counsel handle the inherent legal hurdles?

Counsel must consider several essential issues: Can you use the evidence? Has your client violated federal or state law? Will they need to take the Fifth Amendment if deposed?

When your client presents you with potentially illegally obtained evidence, what are the legal ethics implications for you as an attorney?

Listen as our panel of experts analyzes the current (and ever-evolving) state of legal affairs when spouses spy on one another in a contentious situation.



  1. Overview of federal and state statutes
    1. Wiretapping
    2. Privacy
    3. Computer crimes
    4. Webcam law
    5. GPS laws
  2. Types of interception and compromise
    1. Social media accounts
    2. Smartphones
    3. Computers
    4. Spyware
    5. GPS tracking
    6. Webcams
  3. Civil and criminal implications


The panel will review these and other key issues:

  • How do the federal statutes governing interception of electronic and telephonic communications impact evidence of spousal misconduct that a client obtains in a divorce case?
  • What factors can guide counsel in determining whether or not to use the evidence?
  • What are the implications for clients and counsel concerning improper self-help surveillance evidence?
  • How should practitioners approach "smoking gun" evidence that a client may have illegally obtained?


Djordjevich, Christina
Christina E. Djordjevich

Walzer Melcher

Ms. Djordjevich is a skilled litigator with substantial experience in both family law and commercial litigation. Prior...  |  Read More

Gornbein, Henry
Henry S. Gornbein

Of Counsel
Lipson Neilson

Mr. Gornbein specializes in all areas of family law. He is a frequent writer for many bar related...  |  Read More

Wilkinson, David
David K. Wilkinson, CFLS, AAML

Wilkinson & Finkbeiner

Mr. Wilkinson practices family law for the firm, handling all facets of the practice area, from straightforward...  |  Read More

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