Increasingly, one or both parties preparing for or going through a divorce are turning to the latest spy technology in the hopes that they will uncover something that will give them an edge. What many fail to realize is that using spyware, hidden cameras, GPS trackers and similar tools can violate both Florida and federal laws. Beyond the risk of criminal charges, evidence obtained illegally is often inadmissible in court and can seriously damage a party’s credibility during litigation.

When it comes to spying and informing their attorney, divorcing clients generally fall into one of two categories: those who are merely contemplating surveillance and those who have already engaged in it.

The Contemplation Stage

It is an attorney’s ideal scenario when a client trusts them enough to disclose that they are considering spying on their spouse. Under Rule 4-1.2(d) of the Florida Rules of Professional Conduct, attorneys are legally and ethically bound not to counsel or assist clients in criminal or fraudulent conduct. However, they are permitted to discuss the legal consequences of a proposed course of action.

An attorney has a duty to educate their client about the risks of such illegal behavior. This includes informing them of possible criminal or civil liability and the negative impact such actions could have on their divorce case. Clients should be offered ethical and legal alternatives for gathering information, such as formal discovery methods, subpoenas or presenting communication records like emails and texts that have been legally obtained. Ideally, this guidance prevents the client from initiating any unlawful surveillance.

The In-the-Act Stage

A more difficult situation arises when a client admits they have already been spying on their spouse. In this case, the attorney must address the legal exposure the client may now face. Recommended steps often include:

Stop the surveillance immediately – Advise the client to discontinue any illegal activity, including wiretapping, unauthorized GPS tracking or accessing private accounts.

Do not use the evidence – Explain that any information obtained illegally is likely inadmissible in court and may backfire, especially in matters related to custody or alimony.

Assess legal risk – Depending on the act committed, the attorney may consult with or refer the client to a criminal defense attorney to evaluate possible charges under laws such as Fla. Stat. § 934.03 (wiretapping) or Fla. Stat. § 815.06 (computer crimes).

Control the damage – Prepare the client for possible consequences, including restraining orders, civil lawsuits or reputational harm in front of the judge.

In either stage, some clients may ignore legal advice out of spite or anger. Their desire to “dig up dirt” can override any fear of consequences, even when those consequences are severe and long-

Spy Technology and How to Counter It

Clients involved in contentious divorces may fear that they are being watched. This concern is increasingly justified as most consumer-grade surveillance tools are inexpensive, readily available and easy to use. Understanding common spy technologies and how to defend against them is vital:

Spyware and Stalkerware Apps

Apps such as mSpy, FlexiSPY, Hoverwatch and Pegasus can be installed on phones or tablets to track calls, messages, emails and GPS locations. Some can even remotely activate cameras and microphones.

Detection tools for Android devices include apps like Malwarebytes, Norton Mobile and Lookout. iPhone users should check Settings > Privacy > App Permissions for suspicious entries. When in doubt, performing a factory reset and changing all passwords is often the most effective solution.

GPS Trackers

Devices like Apple AirTags, Tile Mate and LandAirSea provide real-time location updates and are small enough to be hidden in a car, purse or jacket.

Bluetooth scanning apps such as Tracker Detect and AirGuard can help identify nearby unauthorized tracking devices.

Hidden Cameras and Audio Recorders

These can be disguised as everyday objects like USB chargers, smoke detectors or picture frames and may stream data remotely or store it locally.

Detection can be challenging without experience. While individuals may look for unfamiliar devices around the home, hiring a home security technician who is equipped with specialized tools for surveillance sweeps is often necessary for thorough detection.

Hacked Smart Home Devices

Smart doorbells, thermostats, security systems and TVs are vulnerable to remote monitoring if not properly secured.

Regularly updating firmware, changing default passwords and disabling unused features can significantly improve security.

Social Media and Cloud Snooping

The most common methods of digital surveillance involve fake social media accounts and unauthorized access to shared cloud accounts, which can contain messages, photos and backups.

Clients can protect themselves by changing passwords and PINs, enabling two-factor authentication, creating new accounts and revoking access where possible.

For those who are not tech-savvy or feel overwhelmed by these steps, the safest and most efficient way to uncover malicious software or hidden surveillance devices is to hire a professional. Local retailers like uBreakiFix and Best Buy’s Geek Squad offer services to help identify and remove spyware. Searching Google for terms like ‘surveillance expert’ or ‘bug sweep’ can also help individuals find local specialists who use professional equipment to detect hidden cameras, microphones and other surveillance tools that may be present in the home.

Legal Snooping

The only lawful method of private surveillance is hiring a licensed private investigator. Attorneys should explain what legal conduct a private investigator (PI) can engage in:

Surveillance in public spaces – PIs may observe and record individuals in areas where there is no reasonable expectation of privacy, such as restaurants or parks.

Review of public records – PIs may investigate court documents, property records and financial accounts.

Participation in legal discovery – PIs can assist attorneys in gathering admissible evidence during formal discovery, as long as it is obtained lawfully.

Mediation as a Path Forward

Given the legal risks and emotional strain of surveillance, mediation offers a productive alternative for resolving disputes. Mediation promotes communication and cooperation in a controlled setting, which can reduce the urge to resort to surveillance and preserve dignity throughout the divorce process.

With over eleven years of dedicated experience in family mediation, following an 18-year career in litigation, I work closely with attorneys and their clients to resolve complex family law disputes. My approach focuses on presenting both parties with practical and creative solutions that lead to balanced, mutually beneficial outcomes. You and your clients can rely on my experience to guide the mediation process with clarity, efficiency and professionalism.

To stay updated with my monthly newsletters visit SFdivorcemediations.com.

A Refresher on Florida Law Related to Spying