Tracking Your Spouse After Filing for Divorce Is Now Illegal in Ohio
As a family law attorney, I often work with clients navigating emotionally charged situations such as divorce, custody disputes, and the breakdown of trust. In today’s digital age, it’s not uncommon for spouses to use tracking apps or GPS devices to monitor each other’s movements. But as of March 2025, Ohio law has drawn a clear legal boundary around this behavior.
Ohio's new law makes it illegal to track someone without their consent. And here’s the part that affects family law directly: filing for divorce automatically revokes that consent. If you’ve been tracking your spouse with their permission, that permission is presumed gone the moment divorce papers are served. Let’s break down what this law means, how it works, and why it matters in divorce cases.
Watch the video below where I share insights on this topic.
What the Law Says
Ohio Revised Code §2903.216 makes it a crime to install or use a tracking device or application on another person’s property without their consent. This includes:
GPS devices in vehicles
Location-sharing apps on phones
Electronic monitoring tools
Once a divorce complaint is filed, the law presumes that consent is revoked. The person who installed the device has 72 hours to remove it or stop tracking. Failure to do so can result in a first-degree misdemeanor. In more serious cases, such as those involving a history of violence or protection orders, it can be charged as a fourth-degree felony.
Why Tracking Is Illegal—Even If You Suspect Cheating, Addiction, or Other Misconduct
In family law, tracking often comes up when one spouse suspects the other of hiding assets, violating custody agreements, engaging in adultery, or struggling with addiction. It’s understandable to be concerned about how these issues might affect your children or your financial future. However, Ohio’s new law is clear: you cannot take matters into your own hands by tracking your spouse after filing for divorce.
If you have valid concerns—whether about addiction, financial misconduct, or parenting—you must follow the legal process:
Request leave of court: Ask the judge for permission to investigate specific concerns.
Hire a licensed private investigator: Only a licensed P.I. can legally investigate, and even then, only with proper consent or court approval.
Do not attempt to gather evidence by tracking your spouse yourself. Doing so is illegal and could jeopardize your case, regardless of your reasons.
Important note: Adultery does not matter in Ohio divorce court. The court does not care if you’re trying to prove your ex is or was cheating. Ohio is a no-fault divorce state, and marital misconduct like adultery rarely impacts the outcome of property division, spousal support, or custody.
Exceptions to the Law
Ohio law does carve out specific exceptions where tracking is permitted:
Law Enforcement: When part of an investigation or supervision.
Parents of Minors: Only during their own parenting time unless both parents' consent.
Caregivers: With physician approval for elderly or disabled adults.
Private Investigators: If licensed and acting with property owner’s consent, unless a protection order applies.
Vehicle Owners: If the device is removed before sale or lease ends, or the new owner consents.
Employers: For legitimate business purposes involving company-owned property.
These exceptions are narrow and specific. For most divorcing spouses, they do NOT apply.
Tracking Your Kids: Custody and Parenting Plans
Ohio’s tracking law does include exceptions for parents of minor children, but they come with important limitations. If you’re divorced or separated and don’t have sole custody, you may only track your child during your designated parenting time. The law requires that tracking be disabled during the other parent’s custodial time unless both parents have agreed to it.
This area of the law can be confusing, especially for parents who are trying to ensure their child’s safety. While the intention behind tracking may be protective, it’s important to understand how the law applies to your specific custody arrangement. Missteps, even well-meaning ones, can lead to legal complications, including potential violations of your parenting plan or court orders.
If you’re unsure whether tracking is permitted in your situation, it’s best to consult with a family law attorney who can help you navigate the rules and protect both your rights and your child’s well-being.
Key Takeaways for Divorcing Couples
Adultery is not relevant: The court does not care if your spouse cheated. Tracking to prove adultery is illegal and unnecessary.
Addiction and other misconduct concerns require legal process: If you suspect addiction, financial misconduct, or similar parenting issues, seek leave of court or hire a licensed investigator—never track your spouse yourself.
Tracking after divorce filing is illegal: Consent is automatically revoked, and you must stop tracking within 72 hours.
Investigate concerns legally: If you suspect misconduct, seek leave of court or hire a licensed private investigator.
Protect your case: Violating the tracking law can hurt your credibility and your legal outcome. The effect of any evidence you may find may be muted by your illegal behavior. It is evidence that you can’t follow a court order.
Conclusion
Ohio’s new tracking law adds a layer of complexity to divorce and custody cases. What used to be a gray area is now black and white: tracking your spouse after filing for divorce is illegal.
If you're facing divorce or have questions about your legal options, it's important to speak with an experienced attorney who understands Ohio law and can guide you through the process.
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About the Author
Attorney Eric Cherry focuses his practice on family law, offering strategic representation to clients facing life’s most personal legal challenges. He serves individuals and families across Northeast Ohio with integrity and care. Learn more about Eric Cherry.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. For personalized guidance, please consult with a licensed Ohio attorney.
