Legal Question in Family Law in Maryland
Recording someone's Voice mail
In the state of Maryland, are you allowed to tap into a person's voice mail and record their messages without their knowledge or consent and use it in court (It's an Adultery case)
1 Answer from Attorneys
Re: Recording someone's Voice mail
Such evidence would be not be admissible. More important is that this evidence may only be effective to prove one of the elements elements of adultery that being amorous attention (e.g., words spoken of "I love you"). It is possible that a conversation could reflect upon a past interlude but the sufficiency of the exact words would need to be determined. The second element of opportunity would also need to be proven.
Adultery is but one of the grounds for divorce. You should speak with an attorney for advice on how to proceed.
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