Arons & Solomon Divorce Lawyers | May 6, 2026 | New Jersey Law
When trust breaks down in a marriage, it is common for one spouse to feel the urge to start digging to check for things like hidden assets and infidelity. Whatever the reason, many people in New Jersey consider some form of surveillance during a divorce proceeding.
However, before you consider installing a tracking app and checking on your spouse’s phone, you should know that certain types of spying are against the law in New Jersey. Crossing the line could lead to criminal charges as well as serious damage to your family law case.
Read on to learn about what is and is not allowed under state law.
New Jersey’s Wiretapping and Surveillance Laws
New Jersey has strict rules about intercepting someone’s private communications. The New Jersey Wiretapping and Electronic Surveillance Control Act (N.J.S.A. 2A:156A-1 et seq.) makes it a crime to intercept or record wire, electronic, or oral communications without proper consent.
New Jersey is a one-party consent state, which means you can legally record a conversation that you are part of without telling the other person. However, if you are not a participant in the conversation, recording it is illegal. This is an important distinction that many people overlook.
Under this law, the following types of activity could result in criminal charges:
- Secretly recording phone calls between your spouse and someone else
- Hacking into your spouse’s email and other password-protected platforms
- Installing software on your spouse’s devices
- Using your spouse’s work technology without permission to access private files
Violations of New Jersey’s wiretapping laws can carry serious criminal penalties, including potential fines and jail time.
What About GPS Tracking and Video Surveillance?
Not all forms of surveillance are treated the same way. For example, cameras placed in common areas of the marital home are generally considered legal because neither spouse has a reasonable expectation of privacy in shared living spaces. Recording in private areas like bathrooms and bedrooms, however, could violate state law.
GPS tracking is another gray area. GPS tracking issues can be legally complex in New Jersey, especially when spouses share ownership or use of a vehicle. Whether tracking is lawful may depend on the specific facts and circumstances. Getting legal advice before you act is strongly recommended.
How Illegal Spying Can Hurt Your Divorce Case
If spying turns up evidence of wrongdoing, that evidence may be thrown out if it was collected illegally. New Jersey courts can refuse to admit any information gathered through wiretapping and other unauthorized means.
Beyond the evidence issue, spying can damage your standing with the judge. Family court judges often look unfavorably on a spouse who engaged in deceptive surveillance tactics. Illegal surveillance can also expose a spouse to civil liability and negatively affect issues like credibility, financial disputes, and child custody proceedings.
Contact Arons & Solomon Divorce Lawyers To Schedule a Free Case Review With a Bergen County Family Law Attorney
The urge to investigate your spouse is understandable, but taking action without legal guidance can put you in a worse position than where you started. A family law attorney can help you understand what methods of gathering evidence are legal in New Jersey and which ones could backfire.
Getting the right advice before you act is one of the best ways to protect yourself during a difficult situation like this. Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
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1 University Plaza Dr #400, Hackensack, NJ 07601, United States