Legal Question in Family Law in Michigan

I installed software on my wife's phone because I had a feeling she was being inappropriate via text messages with another man. The software sends her text messages to a website where I can then login and read them. They have almost 3000 texts in 3 months and many are very inappropriate. She just went away for a weekend and I discovered (through a 3rd party) that they ended up sleeping together. I do NOT have any of their texts about the sleeping together incident because she lost her phone with the software. Do I need to capture them texting about it to secure the evidence that she is having an affair or doesn't it matter at this point? I can reinstall the software on a new phone and I am fairly certain that they will hook up again very soon. I am leaving her but wanted to make sure that my timing was good.


Asked on 5/18/10, 5:09 am

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Michigan is a no fault divorce state. Barring other reasons this affair is important, it is not for purposes of getting divorced. www.kliszlaw.com. Tim Klisz

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Answered on 5/23/10, 6:27 am
Thomas Loeb Law Offices of Thomas M. Loeb

Your actions in installing the software on your wife's form without permission is considered eavesdropping. You have committed a felony. I would be very cautious with the text messages that you have captured. And DO NOT reinstall the software on her phone.

If you file for divorce, be sure that your lawyer also practices criminal defense.

-Tom

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Answered on 5/23/10, 6:55 am


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