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While Michigan is a "no-fault divorce" state, that does not mean that fault cannot be taken into account when dividing property and debt or determining alimony.  It simply means that you do not have to state that the other party has committed some "fault" or wrongdoing in order to get a divorce, you just have to state that there has been a breakdown in the bonds of matrimony to the extent it cannot be repaired or maintained.  This means that actions such as having an affair or affairs, physical/emotional abuse, drug or alcohol issues, etc. can be relevant in a divorce case.  This blog is written to generally address the question as to whether you can put a hidden tracking device in your spouse's vehicle or belongings in order to prove adultery or some other fault if you live in Michigan.  If you have questions regarding your own specific situation, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.

Can I Put A Tracking Device In My Spouse's Car?

The short answer to this question is that you may not hide a tracking device in someone's car or belongings.  It is illegal to do so in Michigan so it might subject you to criminal charges and any evidence that you have gained through using the tracker will not be allowed as evidence in a divorce case.  This is true for any kind of tracking device including a hidden phone in the car.  If the person is simply using their own phone where they have allowed the location to be shared and have not turned this off, then that is not illegal and any evidence gained that way can be submitted in the divorce case.  

The way to handle this situation better is to hire a licensed private investigator.  A properly licensed investigator is allowed to legally use tracking devices in an investigation.  They are also trained on how to properly gather evidence for a court case.  The use of a private investigator can shield you from potential liability and the P.I. can also properly gather the evidence and provide strong testimony at trial including giving their opinions and conclusions on what was observed.  This is very helpful in cases of adultery because you now have an expert third-party witness that can confirm your suspicions.  Most divorce lawyers can refer you to a reliable private investigator.. 

If you suspect that your spouse is attempting to use a tracking device on you, you can go to the police or a private investigator and they have the ability to check your vehicle and belongings.  If you suspect they have installed an app or something on your phone or computer, you should hire a spyware investigator to examine your devices.  It is illegal in Michigan to use these types of programs or apps on someone's personal devices without that person's knowledge or consent.

If you have questions regarding your own potential divorce or separation, please contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.