In an effort to catch a cheating spouse, the doubting spouse may consider using surveillance methods to find out the truth. Surveillance is not merely limited to following suspect spouses but would also include recording phone conversations, copying emails, and keeping track of other online activities such as websites visited. Although surveillance results would usually form an integral part of evidence of a person's infidelity, the legality of some procedures are not always guaranteed.
In the US, there are at least two federal laws to consider in relation to using surveillance methods to catch a cheating spouse. The Federal Wiretapping Act (FWA) and the Electronic Communications Privacy Act and Stored Communications Act (SCA) detail important issues about intercepting information and accessing electronic communications. Pertinent violations can give rise to criminal and civil liability.
In no-fault divorce states, proof of cheating is not necessary. Some states consider the significance of infidelity sometimes in the context of determining child custody, property division, and alimony payment. Still, the admissibility of surveillance proofs remain hotly contested.
When seriously considering surveillance action, it is always best to consult a lawyer. This is in the light of the great advancement in technology which allows even untrained people such as doubting spouses to operate and use surveillance and recording equipments on their own. It may be difficult to resist the urge to proceed on one's own without fully understanding the corresponding consequences.
Doubting spouses have the right to know the truth but it is important not to lose sight of the fact that acting on suspicions, specifically the unfounded ones can violate the rights of others. It is possible to prove infidelity without resorting to "illegal"means.
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