Is it illegal to go that? I mean we are married it's not like I hacked or something.

Well you are married with a protective order and..... Have you filed for divorce?
I don't think you can legally view her private email account. Ask your attorney.
If she uses it to communicate with an attorney snooping would be looked down upon by the court.

Check out this article about a husband being tried for accessing his wife's email.

http://www.thechicago-injury-lawyer...osecuted-for-reading-your-spouses-email/

Just because someone was put on trial does not mean that this was found to be against the law. If you are going to post links about legal issues, you need to find outcomes that tell us the legal precedent, otherwise this is just scaremongering.

We also need to note that lawd vary from state to state. However, I believe that a case in Michigan brought against a snooping BH failed recently.

I am unaware of any successful prosecutions of spouses reading emails.

My apologies. I'll rephrase my post: DSC, I encourage you to ask an attorney what types of snooping is legal instead of an Internet forum

Here are additional articles from attorneys stating that it is illegal to read a spouses emails during legal proceedings:

http://www.dallastxdivorce.com/2012...pouses-mail-can-i-read-my-spouses-email/


http://ncdivorcelawyer.wordpress.com/2011/02/22/pre-divorce-planning-should-i-read-my-spouses-email/

http://www.divorcesource.com/ds/newjersey/spying-on-your-spouse-3962.shtml

There are many posters that will encourage illegal spying. However if you read the intro to the snooping thread there is a disclaimer stating that you should check into your local or state laws.
In my specific case I was encouraged by some well meaning posters to do various types of spying. I asked my attorney and he explained that the only type permitted in my state during divorce is a recorder on my person. He told me not to leave a recorder in a room, vehicle, etc.

Now will you be prosecuted If you violate a state or federal law? Most likely not.

Is it worth doing it? I would say yes because your kids have been abducted and she refuses to return them. But CYA. You can use a proxy server in China that can't be traced or just a starbucks.

You are In a legal minefield. You really need to ask your attorney for guidance. Maybe just email him and ask.

DSC, how can you really say that you believe that she realized that she made a mistake? I don't see that by her continued actions at all. She may be thinking, "Oh, maybe I should have done that differently, or maybe I shouldn't have done this or that. But, she is not correcting anything. She has not returned your children. She has not done anything to correct her wrongs. She is still going with her original choices. Drop the false hope for goodness until she actually does the right thing and gives compensation. She might say she is sorry at some point, even then, it is only words. Judge her actions!!! Don't listen to anything she says. Her actions in turning this around, fixing it, making it better will show her true feelings and intentions.

Cool I'll ask my lawyer about it. Also I will always have hope and I won't let it deter my actions. I will stay the course and your right. I don't want an apology I want actions. She hasn't demonstrated that. Through out this the only thing I regret is not finding this site sooner. Thanks for your help and honest opinion on my problem. Brings clarity to an already muddy situation.

None of those articles actually says that. They all state that some activities are illegal, but they do not say that "reading a spouse's emails during legal proceedings" is illegal.

The articles all state that legality depends on several things, such as whether the computer is in the home and is shared by the spouses, and whether the email is stored on the hard drive of a shared PC. "Intercepting" an email is illegal, but "reading" one is not. Putting spyware on a jointly-purchased PC might not be illegal.

We need to warn spouses to check the law in their state, and not to break the law. We should not say that it is illegal to read emails during divorce proceedings without adding lots of qualifiers. And since we posters are unlikely to be attorneys in the state in question (in the thread), it is best not to give blanket advice about the law, but to advise the poster to check the law.

"An illustrative case is White v. White, 344 N.J. Super. 211 (Ch. Div. 2001). The White case is the first reported New Jersey decision that addresses the admissibility of a husband's "private" e-mail communications between himself and his girlfriend accessed by the wife's computer expert. The court denied the husband's motion to suppress the e-mails on the grounds that the wife's action violated the New Jersey Wiretap Act. Finding that the e-mails had been stored, i.e., saved, "post-transmission" in the husband's personal electronic file cabinet, the court held that the New Jersey Wiretap Act only applies to communications that are in transmission, and not to those that have been previously sent and saved.

The White court further held that the wife's accessing the "private" e-mail communications of the husband did not constitute an invasion of privacy since the husband had no objective reasonable expectation thereof. The evidence showed that the e-mails were accessed from a computer maintained in a sunroom that the husband had been occupying during the parties' in-house separation; that the wife and the parties' three children were in and out of the room for various reasons, including the use of the computer; and that, while easy to do, the husband failed to employ any privacy protection mechanisms to prevent unwarranted intrusions into his personal files. The court also found that the wife's arguable snooping into her husband's personal affairs to learn information about his possible affair was not uncommon under such circumstances."

From the article linked by you:

http://www.divorcesource.com/ds/newjersey/spying-on-your-spouse-3962.shtml

...the New Jersey Wiretap Act only applies to communications that are in transmission...

...which would be the product of anything snared by a keylogger, right?

I'm not advocating for playing it careful, only for knowing which laws one is breaking, and how to avoid detection of one's actions.

As an attorney myself I can tell you what will happen if you ask your attorney about snooping on your spouse. He/she will tell you not to do it. Attorneys are going to be reticent to recommend you do anything that may be illegal as that would make them your co-conspirator. To snoop or not to snoop, legal or not, is a personal decision. My personal opinion is do it and just be careful and DON'T GET CAUGHT. Further, be prepared with what to say and/or not say to defend yourself with valid legal defenses should you get caught. As far as your attorney goes...you need to be careful how much of your snooping you actually reveal to him/her as, if asked, you may not be able to deny such snooping if your attorney knows. Your attorney may ask you to hand it over and give it up in simply to a general question on an interrogatory.

[for example...I know a guy that secretly installed a camera in OM's house. He NEVER told his attorney. The information was for his personal use...not legal use and his attorney would have been obligated to report a crime]

The Michigan case HDW mentioned above involved a crazy lone wolf prosecutor with an apparent vendetta and the case was eventually dismissed (the trial never happened). The case actually presents a pretty good example of a good defense. The betrayed husband was on the family computer and claimed his wife's email passwords were written on a notepad on the desk next to the computer. He claimed she had no expectation of privacy. But after nearly 2 years of a prosecution over his head I'm sure he'd have been much better off not saying anything and making the prosecutor prove the entire case including that he actually was on a computer reading her email at all.

I'd suggest some other defenses...

1. Family or otherwise shared computer systems are/should be safe to invade and monitor. Basic property rights...I can do what I want with MY property.

2. Shared email accounts (joint family business is and has always been conducted on both your accounts ...your access was widely known for years...NO expectation of privacy)

3. Keylogger has been on computer for years and well known to everyone (it's much easier to make this a "he said-she said" case whereupon you are admitting the keylogger is there but that she and everyone knew it and consented to it rather than a fruitless effort denying you put it there at all)

4. Voice Activated Recorders... never tape your own voice on the recorder when testing it, practicing with it or placing it. One of the best defenses is to claim you know nothing about it and that your spouse actually place it and was recording you and/or is trying to entrap you by claiming it's yours when she's the one that hid it. [buy it with cash, throw away receipt, don't leave fingerprints on it]

5. Do not store snooping results in your own possession. Hand off, mail out or send off electronic files to a trusted or sibling, such that if you are ever asked to produce any documents, files, records in your possession...you can justify not producing it since it's not in your immediate possession or control and, at that moment in time, you don't know it's whereabouts or even if it still exists.

6. Interestingly, things like GPS devices on cars can readily be placed by a private investigator whereas if you do it they may try to say it's a breach of privacy. If it's YOUR car...you should be able to do whatever you want to it.

7. Cell phones...again...shared marital property. Your defense is your spouse has always shared his/her cellphone with you. You've even taken their phone to work and trips when yours was broken or your battery was dead. You share the account and she and you agreed years before in your marriage to maintain openness and honesty in your marriage and allowing access to each others cell phones was a part of that. Maybe recall some time you had a text message conversations with a mutual friend on your spouse's phone. Claim their offense AFTER the fact is completely disingenuous.

Finally, if you are EVER questioned by the police or a prosecutor about your snooping you don't have to tell them ANYTHING. These cases are very hard to make as prosecutors are VERY reluctant to get involved in domestic prosecutions between husband and wives (even divorcing ones). If you speak to them and CONFESS you've just made it 1,000 times more likely they may actually prosecute you. You are NOT compelled to confess. Make them PROVE IT....as is your right and, way more often than not, they won't bother.

Good luck,
Mr. W

You guys won't believe this or maybe you will. SIL texted me that my WW got bad news from the doctor. I don't know what it is but here comes the coup
De grace! Then she went on to say WW wants me to send money so she can get a plane ticket for the court dates on the 15th and 31st! I really believe OM is out the picture and she regretting her actions. Am I gonna pay for a plane ticket? Nope, she got the audacity to ask that after what she done she really crazy. Also, she claims my kids went to the ER for a sickness and paid out of pocket even though the kids are on my military insurance. Once again using my DS and SS as a ATM. I'm not doing that either if they weren't there because of her stupid foggy thinking and dumba55 actions they wouldn't be sick. I would pay if it was true but it's not I have 0 proof from a habitual liar. Any opinions on the correct course of action will be greatly appreciated.

Do not respond to the text

Can you post the text here so we can read the actual wording?

plz send money she needs it to buy plane ticket to go to court. Cant talk about her sick but it was the ginecologo that - SIL

Xander is sick. Seifer was sick and mom had to take him to the ER, she had to pay for everything out of pocket and im telling you on Shantels behalf to plz - SIL

So really just wanna to contact u cuz moms need the money back,kids need more medicine and food. And u need to stop say that i have excuses - SIL

I really believe its my wife using her sister phone because the order of protection.

Agree don't send the money. My WH had the audacity to ask me for money to pay his rent when HE chose to move out. At first I said yes, then I realized the lunacy of it. She has family. Actions have consequences.

My suggested reply:

Please forward medical records of ER visit.

Nothing else.

DSC.
Does your ww or her family use Facebook or social media? Make sure your monitor that.
You may want to register for Internet dating using an alias and search for matches in your sil close area (see if she is on there)

I have eyes on Fb accounts, SIL texted me that WW might have cervical cancer.
I'm skeptical on that because she asked for money and then says this. Sounds like a pity party to me. Anyways doing a lot better with this situation. Ran 10 miles and feel fit as ever. Going to upgrade my wardrobe and do some chores. WW has SIL call me to talk with the kids 2 times this week. Plan B is working IMO. Will continue and go forth. Thanks for the support everyone, date circled for the 15th court date depending on the outcome I'll adjust my plan b list to reflect she will also be served divorce papers on that date as well.

10 miles is good.
Do you run Half marathon races?
I'm a runner too