In addition to GPS devices, it may be possible to install spyware on a computer or smartphone to track the movements of a former spouse. Some individuals may track a former spouse to keep control over that person or gather evidence of cheating or other poor conduct. The legality of installing spyware on a phone or computer depends on why it was done. For instance, a parent can generally keep tabs on what a child is doing with a device.
While tracking a former spouse may push ethical boundaries, some attorneys will present evidence gathered in court if it was legally acquired. However, other lawyers will not as it could make them liable for crimes. People who suspect that spyware has been installed on their phones may be best served by preserving the suspected tampered devices as evidence and getting another phone to use to communicate with others.
Those who are considering filing for divorce may be wise to retain copies of communications with their spouses. Doing so may be useful if there is a dispute regarding child custody or any other issue relevant to a divorce case. In some cases, text or email messages may establish that a parent should have sole custody of a child. They may also indicate that a spouse is hiding or depleting sole or joint assets.