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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12496
Experience:  Attorney experienced in all aspects of family law
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I am in the process of a divorce and reside in the state of

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I am in the process of a divorce and reside in the state of MA. My wife and I have been separated for approximately 6 months. The day I left on vacation she was to pick up our dog from me at my condo. She had not arrived by the time I had to leave so I left the door unlocked for her. After returning I have learned that she went through my mail, more specifically bank statements, which were not in open site. Does she have any right to open my personal mail
Hello there:

Thank you for entrusting me with your question. During a pending divorce, one spouse does not have the right to violate the privacy of personal mail to the other spouse without that spouse's authorization or order of the court. It is technically a criminal offense, but law enforcement is usually reluctant to get involved because of the difficulty in proving guilt beyond a reasonable doubt when spouses or close family members are involved--instead opting to designate the offenses as "civil". It is true that it is a civil offense as well, as it constitutes invasion of privacy, which is an actionable tort (although, the plaintiff can only recover for actual damages).

So, in short, the answer to your question is "no", she does not have the right to open your personal mail without your authorization or a court order. It is technically a criminal as well as a civil offense.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
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