I am sorry that you are going through this. That question should be answered by your family, friends, pastor and or marriage counselor, try counseling and I wish you all the best.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
While it certainly signals a failure to respect your privacy, I doubt you would ever find a DA willing to file criminal charges. I say this not because it's not morally wrong or disrespectful, but because snooping is pretty common and they'd have to prosecute a large number of people. Put a password on your phone and computer that is activated when you log in. If you are unhappy, there are good divorce attorneys out there to help you. If you really feel there's no hope for your marriage and have tried marriage counseling, maybe it's time to visit an attorney. Better to do so now than when you have children and have amassed a lifetime of shared property and debt. I hope this goes well for you. If you have further questions, please call me. 303-780-7333.
The primary thing you can do is to file for divorce and end the marriage. However, you need to understand that Colorado is a no fault state so you don't need grounds for divorce. The judge will not care to hear about the easedropping and it will have absolutely no impact on the division of marital debts or assets.
Easedropping and wiretapping are illegal and you can report the crime to the police in the jurisdiction where the easedropping took place. There also may be grounds for a wiretapping complaint and, if you believe that she will still be coming around you after you move away from her, you can file for a restraining order.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.