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Under federal law, a wife cannot obstruct her husband's U.S. mail. Regardless of
marital status, it is illegal to intentionally open, hide, or destroy mail
addressed to another person without their permission. A shared residence does
not grant a spouse the legal right to tamper with another's mail. [1, 2, 3]
Applicable federal laws Several federal statutes make it a crime to interfere
with U.S. mail:
• Obstruction of Correspondence (18 U.S. Code § 1702): This law makes it a
federal offense to take a letter or package from a mailbox or mail carrier with
the intent to "obstruct the correspondence" or "pry into the business or secrets
of another".
• Obstruction of Mails Generally (18 U.S. Code § 1701): This law prohibits
knowingly and willfully obstructing or retarding the passage of U.S. mail.
• Mail Theft (18 U.S. Code § 1708): This law criminalizes the theft or unlawful
possession of mail that has been stolen. [1, 4, 5, 6, 7]
When a spouse might face legal consequences While federal prosecution for a
single incident within a marriage is uncommon, serious consequences can arise,
especially during a divorce.
• Intentional interference: Opening or destroying a spouse's mail with malicious
intent, such as to snoop or gain information, is a federal crime.
• Use in divorce proceedings: A spouse's unauthorized access to mail can be used
against them in family court. It can be seen as harassing behavior or an
invasion of privacy and could affect the outcome of the divorce, including
property division or custody disputes.
• Lack of consent: The right to privacy is not nullified by marriage. Unless a
spouse gives explicit permission, any mail addressed solely to them should not
be opened by the other spouse. [1, 2, 8, 9, 10]
What to do with mail addressed to a spouse To avoid legal and civil trouble,
especially during a contentious time like a separation or divorce, it is best to
follow these guidelines:
• Leave it alone: Do not open, tamper with, or hide mail that is addressed only
to your spouse.
• Communicate: Notify your spouse that their mail has arrived. This is
especially important if they have moved out.
• Redirect or return: If your spouse no longer lives at the residence, do not
destroy their mail. Write "Not at this address" on the envelope and return it to
the U.S. Postal Service.
• Involve an attorney: If you are unsure how to handle a specific piece of mail
or are concerned about its contents, speak with a lawyer for guidance. [3, 8,
11, 12, 13]
[1] https://www.familylawdfw.com/divorce/can-i-open-my-spouses-mail-during-divorce/
[2] https://www.dbnylaw.com/if-we-are-separated-or-divorced-can-i-open-my-spouses-mail/
[3] https://www.avvo.com/legal-answers/is-it-legal-for-my-wife-to-open-my-mail-without-my-5668560.html
[4] https://www.law.cornell.edu/uscode/text/18/1701
[5] https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-1702/
[6] https://www.experian.com/blogs/ask-experian/what-is-mail-tampering/
[7] https://www.law.cornell.edu/uscode/text/18/1708
[8] https://www.familylawdfw.com/divorce/can-i-open-my-spouses-mail-during-divorce/
[9] https://www.justanswer.com/family-law/d21zz-allowed-open-husband-s-mail.html
[10] https://www.dbnylaw.com/if-we-are-separated-or-divorced-can-i-open-my-spouses-mail/
[11] https://www.garfinkelcriminallaw.com/chicagocriminalblog/is-it-a-federal-crime-to-open-someone-else-s-mail
[12] https://www.dfmurphy.com/blog/how-to-stop-receiving-mail-addressed-to-a-deceased-person/
[13] https://www.identityguard.com/news/someone-is-using-my-home-address-fraudulently
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