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NJ FamLaw
NJ FamLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 517
Experience:  Admitted to NJ Bar
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Do I have a case if I have months of audio of my wife cheating

Resolved Question:

Do I have a case if I have months of audio of my wife cheating on me with a co-worker? Can phone records be subpoenaed to support my case? Can i sue the co-worker?
Submitted: 7 years ago.
Category: Family Law
Expert:  NJ FamLaw replied 7 years ago.
You have a case for divorce based on adultery as all the court is going to need is for you to prove by a preponderance of the evidence that she had the opportunity and inclination to commit adultery. Inclination is clear based on months of audiotape, opportunity could be shown by a host of things. Now, your problem becomes how you obtained these recordings and whether any federal wiretap laws were broken in obtaining the records. Ohio legislated against what are called heart balm cases (suing the cheater non-spouse
for alienation of affection) in the 80s, so you may not have an immediate case against this person, however, if they are in possession of marital assets, then you could third party them into your divorce case.

As to subpoenaing phone records, this may not be necessary if you own the phone you are looking to get the records for.
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