Legal Question in Family Law in Indiana

Re: Recording phone calls

Sorry it took me awhile to get an answer to you on this. I have been out of town for the last week.

I'm not an expert on wiretapping laws, but I do know that it is illegal for someone to tape the conversation of two parties without the permission of at least one of the parties, which it sounds like wasn't given in your case.

Now there might be a loophole for him if the phone is in his name and in his home, but I'm not sure about whether such a loophole exists. As I said, wiretapping law isn't really my area of expertise.

Now, as far as how he can use the info: Indiana is a no-fault divorce state, so even if he found evidence on a tape of you having a whirlwind affair, that won't help him in a divorce. The court doesn't want to hear WHY a couple is divorcing, only that there has been an irretrievable breakdown.

Now, it CAN be useful in a custody battle, but he would have to prove that your affair somehow affected the kids in a bad way (i.e. that you had sex in front of them or something heinous like that).

Sounds to me like your husband is on a fishing expedition. I don't know the dynamics of the relationship, but if you want to avoid a divorce, you both need to get into some serious marital counseling. Otherwise, the resentments and accusations will continue to build until you're both at a breaking point.

Sounds like a tough situation.

I hope this helps answer your questions. Let me know if you have others....

Dorene J. Philpot

Attorney at Law

156 E. Market St., Suite 200

Indianapolis, IN 46204

(317) 486-4578

(317) 686-1150 fax

[email protected]

home page address:

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