Legal Question in Family Law in Louisiana

What proof do you need

How hard is it to prove someone is committing adultery in Louisiana. What kind of evidence is needed? Can you have someone's phone tapped? What kind of consequences do you face for this as a mother, while the children are not there?


Asked on 6/14/04, 7:16 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: What proof do you need

You need evidence that would lead a 'reasonable person to conclude that adultery more than likely took place.' Having a non relative man and woman go into a dwelling or hotel room together, in the evening, stay all night, come out the next morning is usually enough. I prefer to have 3 people observe those activities. One can be the spouse. Tapping a phone to prove adultery would NEVER be approved by a court as far as I know. If you mean recording phone calls, then if the phone is yours, you have that right. Otherwise, you can record any conversation that you are a part of. As long as one party to the conversation knows it is being recorded, then I believe that is still the law. If I am mistaken, I am sure someone will correct me.

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Answered on 6/16/04, 8:20 am


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