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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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I have audio recording of my wife having sex with boyfriend ...

Resolved Question:

I have audio recording of my wife having sex with boyfriend at my home, while I was at work Law says I cant use the recording because I didn''t have her consent, so it''d be inadmissable in court (Illinois), plus I''d face felony charges. Whats up here?
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
Unfortunately, the information you obtained is true. Since the bedroom and the inside of the home are areas where there is a reasonable expectation of privacy, you cannot record any conversations, activities without notice or consent of all parties. Since the recording was unlawful, the law does not unlawful materials to be entered into evidence.

The better approach would have been to retain a private investigator to follow your wife and take pictures of both of them in public places, as public places do not have any expectations of privacy. Unfortunately, if you are attempting to prove adultery you will need to find another way of collecting this evidence. If she has confirmed the adultery, that would be your key evidence, otherwise, you will need to have someone follow her and take photos with the boyfriend.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
Customer: replied 5 years ago.
Reply to LawNinvest's Post: So, my wife's breaking the law by committing adultery, and the only way I have to show it is by Audio recording, which is illegal. Tbe guy she's with is a close family friend who she can been seen with with no problem. I even KNOW that he visits my house, but the ONLY way to catch in the act is with recording. How about a Video recording. I've heard thats' Legal
Expert:  Attorney & Mediator replied 5 years ago.
Not true on the video recording. Any video, audio, or photographs taken in areas where there is a right of privacy (such as the inside of one's home or the bedroom) you would need consent of all parties. You can only video record or audio tape areas that are open to the public, as no consent is required. So the information you got about the video taping is not correct as the same laws would apply. Again you cannot do anything without their consent in areas where there is a right of privacy. No consent is required for open public areas.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
Customer: replied 5 years ago.
Reply to LawNinvest's Post: Another question before I pay you. Since recordindg are illegal, and the only way to prove Adultery, what do I do? Tell her I'm going to start recording her so she can agree to it? How does the program Cheaters catch people in the act if its' Illegal to tape? So, I can't present video evidence in court, but at least I'll be able to show her shes' busted. I still end up paying alimony to a lying, cheating spouse because the law says the proof I have is Inadmissable & Illegal. Wheres' the Justice?
Expert:  Attorney & Mediator replied 5 years ago.
I understand your frustration. The program Cheaters records people in public places. If you notice, there is no recordings inside the property. Only when they open the door, does Cheaters go inside the premises, but when they ask not to do any recordings, the film crew generally stops unless the recording is outside. I hope I am making sense here.

The justice here is that all people have a reasonable expectation of privacy in areas not accessible to the general public, this is why the laws were written. As stated you can hire an expert investigator to follow her and take the pictures you need to prove your case. Since the investigator is a neutral person, they have no personal gain in helping you out.

If you have witnesses who can confirm the relationship, then that is another way to prove your case. If she confesses, then that is key. If she agrees to any future recordings, then she knows what she is getting into and that can be used against her. But I doubt she may agree to it.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
Customer: replied 5 years ago.
Reply to LawNinvest's Post: Last question. I catch her in the act, Rant and rave, tell her I'll present it in Court, get her to admit it or she loses everthing. Thank you for your help
Expert:  Attorney & Mediator replied 5 years ago.
So long as she voluntarily makes the decision to admit to it, then you can "negotiate" that scenario.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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