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hes_toast · Jun 4, 2011, 07:38 AM

My husband and I are in the middle of a divorce. Not only was he having an affair, but also embezzling from his company, hiding large amounts of money, drinking HEAVILY, behaving irrationally, etc. Prior to finding out all of this I installed spyware on our home computer to find out what was going on. Can my discoveries be used in court/mediation? I'm in Illinois.

JudyKayTee · Jun 4, 2011, 07:48 AM

If it's a joint computer, no, no problem with the evidence. If it's HIS computer and you are spying it's another story.

hes_toast · Jun 4, 2011, 10:06 AM

At the time I did it, it was a joint computer. He's since given that one away and purchased a laptop for himself, to which I've done nothing to.

JudyKayTee · Jun 4, 2011, 10:09 AM

If the computer is gone, what do you have by means of proof? Print outs?

hes_toast · Jun 4, 2011, 10:24 AM

Would I be allowed to subpoena for seizure of the old computer as well as his bank records for divorce proceedings or is that only permitted in criminal cases?

hes_toast · Jun 4, 2011, 10:31 AM

JudyKayTee,

Yes, I have printouts.

hes_toast · Jun 4, 2011, 10:37 AM

Also, since he hasn't changed his passwords I can still access accounts.

JudyKayTee · Jun 4, 2011, 11:36 AM

I do NOT advise accessing his accounts. That could be a legal argument.

Yes, the printouts will be of great interest to your Attorney.

You are aware he is embezzling. Are you a co-conspirator? Once you became aware, of course, if you took advantage of that money you could be implicated.

hes_toast · Jun 4, 2011, 03:49 PM

No, I was not a co-conspirator. Unless his paying his share of the bills is taking advantage of any monies, the children and I did not benefit in any way. He has been giving it in cash to his brother to hold---which he admitted to me. I'm assuming because he knew this day was coming. And, of course, I can't have half of something that isn't tangible. He's a very self-centered sneak who doesn't care what kind of destruction he leaves in his wake.

Fr_Chuck · Jun 4, 2011, 05:29 PM

you need an attorney, first in divorce and divorce settlement often proof of cheating, proof of any illegal activities are really not needed and have little value, If he is hiding his and/or family money that you should have a share from, then that can be used.

If he is wanting custody of kids, child custody can be effected by illegal activities.

If you were still living in the home, when you got this info, it should be no problem, if you learned his passwords that way and then went and looked into his personal accounts, that info may be excluded since you did not have a right to look at it,

If you got any info after you left the house, none of that would be allowed ( most likely) although a good attorney would try and use it if they think they can win.

hes_toast · Jun 5, 2011, 05:23 AM

Would I be allowed to subpoena for seizure of the old computer as well as his bank records for divorce proceedings or is that only permitted in criminal cases?

JudyKayTee · Jun 5, 2011, 05:35 AM

Yes, you are entitled to full financial disclosure, whatever path is needed to get there. I would just be very, very careful about him supporting you and your family with funds that he stole. His Attorney's job is making you look bad.

Who or what he is does not matter when it comes to divorce. There are many grounds and support is often by Statute.

ScottGem · Jun 5, 2011, 05:36 AM

When posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

But yes, you can subpoena any records pertinent to the divorce or divorce settlement.