Stolen personal web mail as evidence

[damorris1991]

What is the name of your state (only U.S. law)? South Carolina

I am involved in a divorce and my wife has stated that she has broken into one of my web based personal email accounts and printed emails the she says are between me and a female friend. She is trying to use the emails as grounds for adultery.

My 3 questions:

1) In SC, is there any penalty for hacking into another person's personal email account?


2) Can these unauthenticated email accounts be shown beyond a reasonable doubt that they belong to me?

3) Since all web mails can be edited if forwarded, can the printed "book" of emails be submitted as hard evidence?What is the name of your state (only U.S. law)?

 

[Some Random Guy]

Did she state this in writing? Can it be proven that she has "hacked" into your account?

Was this in any way a joint account?

Have you changed the password? Have you contacted your ISP to let them know that she hacked in (they may have given her the password)?

If the judge asks you, "are these e-mails authentic", how will you answer?

Do you have a lawyer to assist you in the divorce. Your wife has started to play dirty. I would suggest a lawyer to help keep her in check.

 

[damorris1991]

The account was not a joint account, it was my Hotmail account I have had for several years. I have contacted my hotmail administrators and they have verified my identity as account owner and reset passwords.

She is claiming that she discovered I had another account at Yahoo! mail that contained these supposedly illicit emails. I will have to say that this other account is not my account and the emails are not mine.

I have consulted an attorney.

 

[damorris1991]

This issue with the email has happened since I consulted with an attorney.

My step-son, age 20, hacked in because I saw his aol account that I set up for him as the new back-up email address. Also HOTMAIL staff verified that his username was where files were forwarded to.

 

[Some Random Guy]

Well when she tries to present them in court or sends you a copy of the e-mails, have your lawyer send an e-mail to that account letting the person know that their account was broken into - Let them contact the police.

As for your own court case, a simple explanatin of "its not me, she's committing criminal acts against some unknown person" should be a sufficient answer. It will be up to her to prove that the account belongs to you or to find any foundation for getting the judge to consider them at all.

 

[damorris1991]

What about the last question? Since it is very easy to doctor emails, then print the doctored version, how can hard copies hold up under scrutiny?

 

[LdiJ]

What about the last question? Since it is very easy to doctor emails, then print the doctored version, how can hard copies hold up under scrutiny?

If the headers/paths are also printed, that is where the evidence comes from. Also, with a printed copy with headers/paths its also possible to prove that an original has been doctored, or not. A tech geek could prove whatever needed to be proven if someone really wanted/needed to go that far.

Personally, I can't ever see someone needing or wanting to go that far in a divorce..even if they wanted to prove "fault"...or unless they had ridiculous amounts of money and were willing to pay obnoxious amounts of legal fees to protect it.

Even in a state that allowed for "fault" divorces, there isn't much chance that property wouldn't be split 50/50, and not much chance that guideline child support wouldn't be ordered. Alimony might be a factor in fault vs no fault, but even then its not guaranteed and the legal fees involved would be high.

In this day and age I honestly don't understand why anyone goes for a "fault" divorce. It does not make sense economically.

 

[mistoffolees]

In this day and age I honestly don't understand why anyone goes for a "fault" divorce. It does not make sense economically.

Because it's not generally an economic decision. It's about vengeance in some cases. Or believing that it's easier to get a fault divorce if the spouse is uncooperative.

Even so, it IS an economic decision in some cases. For example, if one partner can prove that the other partner had an affair, it can have serious alimony consequences.

 

[LdiJ]

Because it's not generally an economic decision. It's about vengeance in some cases. Or believing that it's easier to get a fault divorce if the spouse is uncooperative.

Even so, it IS an economic decision in some cases. For example, if one partner can prove that the other partner had an affair, it can have serious alimony consequences.

I agree about the alimony. However even sometimes then, the cost of fighting the battle is greater than the alimony that might have been paid.