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Is It OK to Track Your Spouse in the Orlando, Florida Area?   

There was an interesting article on whether it is okay to track your spouse in the Wall Street Journal by Jon Krause Family and Technology titled “Is It OK to Track Your Spouse’s Location” by Julie Jargon. 

In the article, Julie Jargon explains how some spouses track their spouse; and why they do that. The article sure makes you think about that topic. It makes you ponder whether tracking your spouse is okay or not okay. 

However, in Florida, you may want to think twice and very seriously about tracking your spouse with electronic surveillance devices such as your iPhone or by AirTags. This is especially true if you are entering into a Dissolution of Marriage case and you have been tracking your spouse. The tracking of your spouse could be used against you in your dissolution of marriage case. Further, your spouse may try to obtain an injunction against you for surveillance. 

They may accuse you of stalking them. If your spouse has an attorney, the attorney most likely will file a request to produce all the surveillance information and materials that you accumulated on your spouse. Further, the attorney will most likely file a Motion to Prevent Spoliation. That means they will attempt to obtain an order from the court ordering you not to destroy any of the evidence that shows you tracked your spouse. The Motion to Prevent Spoliation puts you on notice not to delete or destroy the information that you have obtained. 

Whether your spouse can obtain an injunction depends on many facts. Was your spouse aware you tracked them? Did your spouse agree or consent to it? Is one spouse exerting control in an abusive relationship by tracking the other spouse? 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.  

This article is for informational purposes only and does not form an attorney client privilege.