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I have a question regarding...
I have a question regarding a divorce regulation.Here is the story. My wife cheated on me. It turned out she was in an emotional relationship for few months. Recently she told me she was going to meet one of her high school friend.
It turned out she did not spend the night with her friend but with another man.She admitted to part of the story.O know which hotel it was and who was the person. She confirmed that I was right. She denies that there was anything sexual going on and somehow, I don’t believe this at all.I had access to her phone and I have seen improper sexual text messages (what sup).I do have access to her cloud account so I have history of what sup correspondence that she archaized. The messages include sexual positions there were planning to perform.Because I had access to her iCloud I could exactly see which hotel they stayed. I called the hotel and asked to put me through with the person I suspected my wife was with and the hotel conceded me to his room. Then I called again to ask if there was a second room for my wife. there wasn’t.Also, I found correspondence from newly opened email account with the same man. The correspondence included many explicit info regarding what happened at the hotel and also many almost naked photos of both of them. I was able to access the account because the password ***** extremely obvious.My questions are:
What can serve in court as an evidence of her behavior?
In case of divorce I want to keep the children, what should I do?
Can a recorded conversation serve as an evidence in court if there was no consent on both sides?What another steps should I take in order to prove that she is responsible for destroying out marriage.I live in CT.Thank you
Submitted: 10 months ago.Category: Family Law
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11/9/2017
Family Lawyer: Lucy, Esq., Lawyer replied 10 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,268
Experience: Attorney with experience in family law.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation. To prove adultery, you need to be able to show adulterous intent + opportunity. Your testimony about calling the hotel, in correlation with her admission that she was there, shows opportunity. The text messages prove intent. You can subpeona her text messages from the cell phone company so you have an official record to use in court. Same with any Facebook message, email, or other written communications, as well as the photos. Evidence obtained by logging into her account by guessing her password ***** ***** admissible. If she didn't give you the password, it's hacking, which is a crime. It is not in your best interests to admit to having logged into her accounts, both because she could press charges and because the evidence would not be admissible. You can use the regular discovery process to get the pictures and other documentation. Anything you saw on accounts she did give you access to can be used. When you file the Complaint for Divorce, you'll ask for primary custody of the children. The judge will decide custody based on what's in the best interests of the children. That will happen at a separate hearing. You can file a Motion for Temporary Custody at the same time, which allows the judge to set up a visitation schedule while the divorce is pending. It is a crime to record a conversation without the consent of all parties to the communication. If you tell her that you have such a recording, not only is it not admissible, but you could be charged with a Class C felony. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
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Customer reply replied 10 months ago
ok. but if she has asked me to even set up an iCloud account for her and the password ***** this than is it legal for me to access. we always had access to all each other accounts, phones, computers etc.regarding the email account I can request in the court that its correspondence should be included as an evidence, correct? can she refuse to provide the password ***** it is beyond account's owner.one more thing. what if I found her boyfriend pictures in our bedroom but in her closed.
Family Lawyer: Lucy, Esq., Lawyer replied 10 months ago

Yes, if she asked you to set it up and you know the password, she gave you consent. She'd have to change the password ***** she didn't want you to be able to view it anymore.

Yes, you can introduce the emails as evidence. She doesn't have to produce the password ***** you'll be able to serve a Request for Production of Documents asking for the emails themselves, and she's required to provide them.

The house is the marital residence. The bedroom belongs to both of you, as does the closet. There isn't any specific law that protects her there. You can introduce the pictures. Or you can make copies of them and introduce those.

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Family Lawyer: Lucy, Esq., Lawyer replied 10 months ago

The pictures, combined with the evidence that she was at the hotel with the guy, are probably enough on their own. That's pretty persuasive evidence.

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Family Lawyer: Lucy, Esq., Lawyer replied 10 months ago

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