Marr. of Evilsizor & Sweeney
Opinion
Opinion
I.
FACTUAL AND PROCEDURAL
BACKGROUND
Evilsizor and Sweeney were married in November 2010. Evilsizor used two phones during her marriage to Sweeney: one for the “legal side” of her business and another for the “management side” of her business that she also allowed her young son from a previous relationship to use for playing games. Sweeney claimed that he had regular access to both phones “for the purpose of taking pictures, sending e-mail, text messages, browsing the Internet, or using applications,” and that the phones were not password protected. He also claimed that Evilsizor gave him the password to her e-mail account so that he could send e-mails for her and have “full access” to her e-mail. Evilsizor disputed these claims. Evilsizor gave birth to the couple’s daughter in November 2012. Around this time, Sweeney became concerned that he might not be the child’s biological father after he read a text message on his stepson’s phone leading him to believe that Evilsizor had received fertility treatments without his knowledge. He then downloaded the contents of Evilsizor’s phones using software that made it easier to read the information.2 Sweeney obtained tens of thousands…