Divorce and separation can often be an emotional process, especially when one partner suspects the other of infidelity. And when one partner wants concrete evidence,GPS tracking is one of the common ways to go about finding it. While technology can be a blessing in many ways, in this context, it is legally questionable.

First thing to know:

Infidelity is a leading cause of divorce. In other states, proving that a spouse is unfaithful can influence divorce proceedings, where fault impacts alimony, property division, or child custody. Here, in New Jersey, where no-fault divorces reign supreme, proof of infidelity does nothing, in most cases, to sway a divorce in either direction.

[Now - one situation where proving infidelity can have an impact on the divorce proceedings is if your spouse has spent considerable amounts of marital funds on this new partner, such as taking them on vacations, buying them a car, renting them an apartment, buying them expensive jewelry, paying their tuition, etc. But that’s a conversation for another day…]

Is GPS Tracking Legal in Divorce Cases?

The legality of placing a GPS device on your spouse’s car during a divorce depends on several factors:

1. Ownership of the Vehicle: Placing a GPS tracker is typically legal if you and your spouse jointly own the vehicle. As a co-owner, you have a right to monitor the car’s location. However, if the car is solely registered in your spouse’s name, attaching a GPS device without their consent can constitute trespassing or harassment.
2. Privacy Expectations: Courts often assess whether the tracked individual had a reasonable expectation of privacy. Monitoring a vehicle in public spaces, such as on roads or in parking lots, is usually permissible. However, tracking a car in private areas, such as a gated property or personal garage, may violate privacy laws.
3. Recording or Eavesdropping Capabilities: Devices that record conversations or intercept communications without consent violate federal and state wiretapping laws. If your GPS tracker has such capabilities, using it could lead to criminal charges and render any evidence inadmissible in court.
4. Court Orders and Protective Measures: If you are separated and subject to a no-contact order or a restraining order, using a GPS tracker could be deemed stalking and may violate the order. This can lead to serious legal consequences, including criminal charges.

Admissibility of GPS Evidence in Family Court

Even if placing a GPS tracker is legal, the data it collects may not always be admissible in court. Courts typically allow evidence to be obtained lawfully without violating state or federal laws.

• Lawful Evidence: Information gathered through a legally placed GPS tracker can strengthen your case, particularly in fault-based divorces or when proving misuse of marital funds.
• Unlawful Evidence: Evidence obtained illegally, such as by trespassing or violating privacy laws, is likely inadmissible and could harm your credibility.

Consulting with an experienced family law attorney is crucial to ensure any evidence you collect is both admissible and relevant to your divorce case.

How can GPS Tracking Impact Divorce Outcomes?

GPS tracking can play a role in divorce proceedings by:

• Proving Infidelity: While infidelity typically does not affect divorce outcomes in no-fault states such as New Jersey, it can impact alimony or property division in fault-based divorces and in other states.
• Highlighting Neglectful Behavior: If your spouse’s movements suggest they are neglecting their parental responsibilities, this could influence child custody decisions. [Again however, given the circumstances outlined above, tracking may not be legal!]
• Uncovering Financial Misconduct: Tracking could reveal trips or activities tied to hidden assets or improper use of marital funds.

However, improper use of a GPS device can backfire. Courts may view unlawful, invasive, and harassing behavior as controlling or abusive, potentially affecting custody or property division rulings.

Alternatives to GPS Tracking in Divorce

If you suspect infidelity or financial misconduct, consider other methods of gathering evidence:

• Hire a Private Investigator: A licensed investigator is trained to collect evidence legally and can provide testimony in court if needed.
• Document Suspicious Behavior: Keep a detailed record of unexplained absences, financial discrepancies, or inconsistencies in your spouse’s accounts.
• Seek Legal Advice: An attorney can guide you on lawful ways to collect evidence and build a strong case.

Ethical Concerns of GPS Tracking in Divorce

Beyond the legal risks, GPS tracking raises ethical questions. Spying on your spouse’s movements can escalate tensions and further deteriorate trust, potentially affecting the dynamics of your divorce.

If your spouse discovers the tracking device, it could lead to conflict, jeopardize settlement negotiations, or result in additional legal action against you. In situations of domestic violence, it can also trigger dangerous responses. Safety is always paramount.

What to Do If You Suspect GPS Tracking?

If you believe your spouse is tracking your movements:

• Inspect Your Vehicle: Check under the car, in the wheel wells, or inside the trunk for hidden devices.
• Contact Law Enforcement: If a device is found, report it to the authorities, especially if it was placed without your consent.
• Consult an Attorney: Legal counsel can help you protect your privacy and respond appropriately.

Why is Legal Guidance so Crucial in Divorce?

Family law cases are deeply personal and fact-specific. Whether you suspect you are being tracked or you were considering using GPS tracking on your partner, consulting with an experienced attorney ensures your actions comply with the law and will not harm your case.