It Depends: What Do You Mean?
The short answer is, yes, your ex can potentially get your internet history. How they would manage to do such a thing, however, is a different matter. If you and your ex share a family computer, they can look at any history that’s stored on the family computer. The same applies to purchase history on shared accounts, or any other activity on shared accounts. So, if you purchase a collectable beanie baby on an E-bay you and your spouse share, your ex could see that and, if it were relevant, use that information against you in court. Typically, a person’s internet history doesn’t have a whole lot of impact on their divorce proceedings. Therefore, even if your ex does get your internet history, there’s generally not a whole lot that they can do with it.
“Hacking” into Devices
Your ex cannot “hack” into your devices and/or accounts in order to obtain information that’s used against you in court. Even if your ex knows your passwords or purchased the device or subscription, they aren’t allowed to snoop through your belongings. So, if you’ve got a phone that they bought you and it’s on a phone plan that your ex pays for, that still doesn’t entitled them to go through your phone, nor does it give them free reign to look at the internet history on your phone. Accessing your spouse’s accounts without their consent or permission could be illegal depending on where you’re located, and it may violate any such domestic relations injunction issued. Similarly, you are not permitted to go through your spouse’s apps, social accounts, emails, or any other communications without your spouse’s permission.
Actual Internet History from the ISP
Depending on who’s providing your internet history, you may be able to call your internet service provider and they may be able to give you a list of domains that have been visited. However, most internet service providers do not keep this kind of information available upon consumer request. This is usually done for privacy reasons. It should also be mentioned that there are ways to hide your internet history from your internet service provider. Legally speaking however, if you have an account with an internet service provider, you could request a copy of your internet history. However, your internet service provider would be under no obligation to give it to you, and they very likely do not even have the ability to give it to you. An attorney, however, may be able to subpoena the internet service provider in order to get your ex’s internet history. Again, most attorneys would not find this to be a valuable use of the time that the client is paying them for since internet history typically reveals
The Router
Some routers store information about internet history. If your family has a router that stores such information, your soon-to-be-ex could potentially view the internet history, as it’s their router too. This does not, however, mean that you can show up at your ex’s house, install a router to them out of “the kindness of your heart” and begin looking at their internet history. Your spouse is entitled to a reasonable expectation of privacy and installing a router in order to spy on them violates that expectation. It’s like putting cameras in the guest bathroom of your home. Yes, it’s your house so you can have cameras, but your guests have a reasonable expectation of privacy in the bathroom—so you can’t put cameras there.
Can the Court Get Your Internet History?
Yes, the court can order that your internet history is turned over during the discovery process. However, as previously mentioned, there’s likely not much that could be in your internet history that will have an impact on your divorce process. So, it’s not necessarily a matter of can the court do it—they can—it’s would the court order you to turn over your internet history? In most divorce cases, neither party is compelled to turn over their internet history. However, if there is a compelling reason that your internet history would need to be turned over, a family law judge could order that you turn your internet history over, which may involve having your devices confiscated.
Does Cheating Matter in Divorce?
Typically, a person would want to see their ex’s internet history to see if they were cheating during the marriage. While cheating can have a marginal impact on the divorce process, it doesn’t always have an effect on a person’s divorce. In many cases, it depends on what kind of evidence a person is able to furnish, where they’re located, and the specific facts of the situation. If you think your spouse’s cheating may have an effect on your divorce, you may need to speak with an attorney to get advice that’s tailored to your situation.
When You Need a Family Law Attorney
If you’re getting divorced, CoilLaw is here for you. Our attorneys have the experience necessary to advocate for your rights and help you protect your family. Contact us today to set up your initial consultation.
