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Snooping

Do not open another person’s mail. You may continue to open mail in both parties’ names. Your spouse may have given you permission to open mail in the past. If so, explain the details and scope of the permission to your attorney who can provide direction for your particular situation.

COMPUTERS, INTERNET, AND SOCIAL MEDIA

First, you need to set up a new email account to communicate only with your new attorney. Do not communicate with your attorney on a company email or shared email account, as this could waive your attorney-client privilege. Do not send emails through your employer’s server or employer provided devices. Make your attorney aware of any company policies your employer has, such as your employee handbook, regarding use of company servers and devices.

Close all social media accounts as soon as possible and hopefully before litigation begins. As a lay person you may not realize how information can be twisted by an attorney. It is far better to release information through your attorney whether informally or through the formal discovery process.

Do not install any keystroke or monitoring software on any computers. Do not place tracking devices on anyone’s car or person. Your attorney will discuss vehicle title with you and the possibility of legally placing a tracking device on a vehicle.

Identify all computers, tablets, and smart phones used by you and your spouse. Discuss turning over these devices to your attorney for forensic evaluation, especially those that are privately owned. And make sure to identify which, if any of these devices, are owned by a company or other third party.

Let your attorney know immediately of any shared passwords or known passwords used by your spouse. Change all of your passwords immediately. Based on ownership of computers and knowledge of passwords your attorney should know whether these electronic devices can be evaluated immediately or if you will need to request permission from the court.

Do not attempt to guess passwords. Your spouse may have told you his or her password. Do not exceed the scope of the permission that was granted to you. By way of example, let’s assume your husband gave you his Netflix password to watch movies. You can use the password to watch Netflix. You cannot use the password to access other accounts such as Facebook.

After discussion with your attorney, you may find that the scope of your permission allows you to access your spouse’s emails, text messages, and other messaging functions or apps. However, only review emails and messages that have been previously opened and reviewed by your spouse. Reviewing an unopened email or message would be an interception of a communication, which creates a wiretapping issue. Reviewing previously opened emails and messages would not be an interception.

PRIVATE INVESTIGATORS

Private investigators are professionals that are paid to investigate and testify. In Tennessee, they are licensed professionals. They can be the key to success or an expensive dead end. It is important to give them all the help that you can. The more information you give them the less they have to find out and the less it will cost you. We have a list of information for private investigators in the Private Investigators Appendix.

You may be on the other end. Your spouse may have hired an investigator to follow you. If you are not doing anything wrong, do not worry. If you are, quit it.

One woman looked upon the investigators who followed her as her private security guards. She brought them snacks and told them where she was going so they would not get lost. They followed her to her grandmother’s house, which was not in a good part of town. She told them how much more secure she felt when they were with her in that neighborhood. After a few reports like this from the investigators, the husband called off the investigators and the wife quietly picked back up with her boyfriend.

Reviews from People Who Have Been There

  • Nick Rice fought for me and my children which resulted in a better outcome than I had expected.

    “fter 13 months of dealing with the emotional, financial and overall stress that is attached to a divorce, Mr. Nick Rice was able to completely get all of the issues settled in less than 4 months with me coming out better than I had expected financially and”

    Jeff

  • They always made time for me and made me feel like a priority.

    “Larry Rice and Erin O’Dea are excellent attorneys.”

    Nancy

  • They were so helpful and supportive in processing my documents in timely manner. It was a great experience.

    “I would like to extend my appreciation to all the staff of Rice, Amundsen and Caperton, PLLC.”

    M.T.

  • Nick and his team were far and away the best experience I've had with any legal team.

    “They made the entire process painless dare I say pleasant which is hard to believe for going through a divorce.”

    Chris

  • I am grateful that I had Larry to help me through that challenging period of my personal life.

    “Larry was so instrumental that the proceedings of my divorce did not harm my medical practice.”

    Former Client