Interested in training for your team? Click here to learn more

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, April 3, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will teach family law attorneys to identify and manage legal issues 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, how can counsel handle the inherent legal hurdles if the evidence is obtained through telephone interception, spyware, GPS trackers, smartphones, webcams, or unauthorized use of social media accounts?

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?


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

Mellin, Irika
Irika N. Mellin

Senior Partner
Mellin Robinson

Ms. Mellin is exclusively dedicated to her Michigan clients in the areas of divorce and family law. She is focused on...  |  Read More

Robinson, Kristen
Kristen L. Robinson

Senior Partner
Mellin Robinson

Ms. Robinson received her bachelor's degree from Hope College located in Holland, Michigan. She attended Detroit...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video