[Indiana] Husband had access to my old iPad, was able to read and see all my iMessages (self.legaladvice)


1 ups - 0 downs = 1 votes

I used to live in Pennsylvania [Philadelphia County] with my soon to be ex. We separated, and I moved back to Indiana with my parents to determine if I wanted to continue the marriage. This was an mutual separation, but no formal agreement was entered into. I consulted with a local attorney, and he informed me that I'd have to be an Indiana resident for 6 months or more to file for divorce if/when I wanted to there.

5 or so months pass, and things do not look like they will work out, so I retained the attorney to get ready to file for divorce in Indiana. I texted back and forth with my iPhone to my sister and Mom quite alot, talking with her about filing for divorce ect.

However, when I moved, I took my things with me, but apparently must have forgot a very old iPad 2 that we both use to share. I must have left it, or it was buried somewhere, still signed in with my Apple ID. My husband must have come across it, and behold, he could read all of my iMessages, see everything I was talking to my sister and Mom about, including the divorce. iMessage downloads all iMessages sent by all devices under the same Apple ID.

How do I know? Because 5 months and 15 days into our separation, he filed for divorce in Pennsylvania. He even told me over the phone because he is one beneficiary of a Trust:

"Thanks for forgetting the iPad, it was invaluable to know you were planning to file for divorce there. I was worried when my lawyer told me the Indiana Courts there include Trusts into the Marital Estate. Now you' cant get anything from my Trust."

That's not the only thing, as he had me served with the PA Complaint in Divorce at a place where he could not possibly have known where I was working. He must have used the find my iPhone feature on the iPad 2, and told the guy where I would be.

He also dropped the bombshell that our house (it was his when I moved in several years before we got married) is owned by the family Trust, and all of 7 years of Marriage we were paying "rent" to the corporation that "owned" it instead of a mortgage.

This all cannot be legal, could it? What recourse do I have against him? I feel so violated for him having access to my messages, and to know for 5 months anywhere and everywhere I had been.

10 comments submitted at 16:19:49 on Jul 29, 2014 by Indiana_Divorcee

  • [-]
  • thepatman
  • 7 Points
  • 16:26:40, 29 July

> This all cannot be legal, could it?

If you left a device in his possession, that can access your accounts without him needing to break your password, then there's no issue with him reading that.

  • [-]
  • Indiana_Divorcee
  • 1 Points
  • 16:43:34, 29 July

> that can access your accounts without him needing to break your password

Would that include email as well? I did have my Gmail account set up on that device. I know he never knew my passwords, so I (stupidly) never bothered to change them when I moved. But if he had access to the device, then he likely had access to my email. I did correspond with my Indiana lawyer via Gmail, so he would have been able to read all of that.

  • [-]
  • swalsh411
  • 5 Points
  • 16:24:09, 29 July

If the messages were just left on the iPad that is no different than him reading a handwritten note you left on the table. You said you both used it so it's not like he stole it.

  • [-]
  • Indiana_Divorcee
  • 0 Points
  • 16:29:16, 29 July

Well, when the iPad 2 I mistakenly left behind is connected to the internet, it will download ALL iMessages sent and received from any and all other Apple devices that are signed in with the same Apple ID.

The guy at the Apple store explained that:

  • My old iPad 2 must have been signed in with my Apple ID

  • I iMessaged my sister and Mom after I separated and left PA

  • The iPad 2 then received in real-time all the iMessages sent from my iPhone and iPad 4

  • My husband was able to read the iMessages I sent and received

  • [-]
  • thepatman
  • 4 Points
  • 16:30:48, 29 July

Right. And unless he had to break into something, or steal something to do it, there's no legal issue here.

  • [-]
  • Indiana_Divorcee
  • -1 Points
  • 16:32:47, 29 July

Ugh, thank you. I guess I made the mistake of leaving it, and the laws haven't caught up to what happens in real life.

  • [-]
  • jonlucc
  • 2 Points
  • 16:49:04, 29 July

IANAL, but I'm curious how you wish the law worked, if it were updated tomorrow. Would have the law require him to avert his eyes from an iPad that you shared with him and left in the house?

  • [-]
  • ra77
  • 2 Points
  • 16:34:31, 29 July

> My old iPad 2 must have been signed in with my Apple ID

Presumably YOU were the one that signed into the iPad?

  • [-]
  • Indiana_Divorcee
  • 1 Points
  • 16:36:44, 29 July

I must have been. I mean it was a couple of years since I used that - we bought new ones when the Retina ones came out. The last thing I ever remember doing with the iPad 2 was watching a movie on iTunes when I was sick.

  • [-]
  • glm_469
  • 2 Points
  • 16:32:34, 29 July

> very old iPad 2 that we both use to share.

His access of it was legal since you both owned it.