A Cheating Wife's Phone

Does a cheating spouse have a right to privacy concerning the smartphone they're using to facilitate the affair?

This is a 750 Word Project 2023 piece, and as a result, it's only a vignette or scene. In this case, it's a moment at the end of a marriage. If you're looking for a full story, you won't find it here.

As always, your feedback is appreciated.

Grammarly word count: 750.

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"You went through my phone, Paul! That's a despicable invasion of privacy!" my wife bellowed.

"So, tell me, Julia, on the 'Despicability Scale,' does phone snooping fall above or below infidelity?" I responded.

Ignoring me, she continued, "That phone's my private property. Invading my privacy is wrong and unfair!"

"Checking your phone is invading your privacy?" She nodded animatedly and began speaking, but I talked over her, "'Invading' means crossing a border or boundary, right?"

"Damn, right, asshole! You crossed a line!" Julia spat.

"I simply retaliated." She looked puzzled. "I ignored your boundaries after you crossed mine!" I barked. "When you cheated, you destroyed both my trust and my respect for your boundaries."

"You can't justify violating my privacy!" Julia exclaimed as she stepped aggressively toward me. "Privacy is a hard wall--a human right. Like in the Constitution."

"The Fourth Amendment protects you against the government, not your spouse," I said. "Your lying and cheating trashed our marriage, yet you claim some special phone privacy?"

"Just word games! You had no right to spy on me, steal my code, and snoop!" She petulantly folded her arms.

I breathed deeply and exhaled slowly. "Julia, you forfeited any so-called privacy. Lying and cheating destroy marital trust. If you were trustworthy, we'd never have this conversation. Trust works in both directions, or it doesn't exist," I explained.

"You abused your phone privacy by using it to hide all your dirty texts and photos. You and he used your phones to deceive your spouses," I pointed at her and growled, "That damn phone is a legitimate target in my search for the truth."

Julia scoffed loudly. "What you did is just so wrong."

"How is accessing your phone to discover your cheating an unforgivable violation of trust, but fucking your married manager and hiding it isn't? Julia, that's pure hypocrisy."

"I'm not defending what I did, but you did wrong, too," she stated less emphatically. The cracks were forming.

"You were lost in the affair fog, and there were so many warning signs and red flags," I said. "You changed completely." She stared wide-eyed, and her shoulders sagged as the realization hit her. "And if I'd asked to see your phone?"

She couldn't look at me. "I... I would've... refused." She lifted her face, her eyes filled with unshed tears.

I shook my head sorrowfully and said, "Marriage is based on love, respect, and trust between two people. Wedding vows are just words, but our actions give them their power. It's the power of 'we' over the anarchy of 'me.' Break any element of that trust and the whole bond breaks.

"You don't get to cheat with your boss and then pretend my searching your phone destroyed our marital trust."

"Look, I'm sorry, Paul," she sobbed. "Scott doesn't mean anything to me. We just got carried away on our team retreat. You know, too much booze, some weed, and the 6,900-foot altitude at the lodge." She looked away, embarrassed. "Things got... well... it's no big deal. I'm so sorry."

Unmoved, I snorted. "Okay, now explain why the affair lasted three more months," I said coldly.

"Honey... we can get past it," she pleaded. "Truthfully, we were ending it this week. Honest."

"Why believe you? A random stranger with whom I have no history of truth or deception has more credibility."

Julia bit her lip nervously. "Are you saying it's over? We're done?"

"Look in the envelope." I pointed at the parcel on the coffee table.

Julia's phone buzzed on the cushion beside her. "That's Scott. His wife just gave him an identical envelope. Your HR Director gets a different set of legal papers tomorrow."

She stared in disbelief, which flared into anger. Julia jumped up and hissed, "You bastard! No, you didn't!"

She retreated a few paces with her phone. Momentarily, she wailed and turned on me. "Tanya's brothers forced Scott from his own home! How could you?"

"Ha! HOW could I?" I snorted. "Explain your cheating, and then I'll answer your question!"

I grabbed the suitcase I'd stashed in the coat closet and said, "My attorney's card is in the envelope. Ms. Hawkins is tough, so learn some humility or find your big-girl panties. Otherwise, to quote Ms. Davis, '...we're in for a bumpy night.'

"By the way, I filed under adultery, which is still grounds in this state."

Julia finally understood that infidelity is a 'big deal' to one of us, and a cheater has no right to phone privacy.

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