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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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My wife cheated on me with a patient that was under her care

Customer Question

my wife cheated on me with a patient that was under her care she lied to me about trying to work. now i had an audio recorder in my house without her knowing about it i recorded her talking to the patient "her lover" and i want to use that to destroy her life like she did to me .but she is not working as a CNA no more and her license have expired
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, if she is not working in that field anymore, such that an inappropriate relationship with a patient would cause her work or licensing concerns, there really isn't anything you could do here to destroy her life, as you say.

Aside from the potential licensing issue, what she did isn't illegal in this country, so there isn't really any way to sue her (or him) or have her charged here.

Furthermore, it is very possible that you, yourself, are in violation of the New Jersey laws concerning recording, if you recorded others unawares. The law requires that at least one party to the conversation be aware of the recording, and neither of them were aware. You'd essentially subject yourself to criminal charges and a civil lawsuit if you attempted to use the recordings.

I'm sorry that you are facing this situation, but in this case seeking retribution will only result in further damage to yourself.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 9 months ago.
maybe i didn't make my point clear here she wasn't just talking normal conversation she was talking about how good was a sex between them and making sex over the phone she was cheating on me ! is that legal?
Expert:  Allen M., Esq. replied 9 months ago.

No sir, you made your point very clear.

That's not illegal. Cheating on your spouse is not illegal in this country. It certainly violates the promises of marriage and is a religious violation, but our state laws don't make it a crime. Your recourse is divorce. That's it.

You've certainly mentioned some fairly poor behavior on her part, but none of this is illegal or actionable in any way.

Furthermore, the laws against recording someone else's conversations don't change based on what the conversation is about unless you are the police and have a warrant.

Expert:  Allen M., Esq. replied 9 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.