Legal Question in Family Law in Minnesota
listening to voice mail
having a hunch that my wife was having an affair i started to investigate. i went to make a call and hit redial to which her cell phone number showed up along with her pass code. i listened to messages that she somehow had sent to him and were saved on her phone. the phone i was told by her was no longer working and the only messages on there were from bill collectors. my question is was it illeagal for me to listen to the messages and secondly would it be illeagal for me to record them. the phone plan is a two line plan which is in my name. my hunch was proven correct and i'm wondering if i can use the messages or am i in violation of any laws. please inform.
1 Answer from Attorneys
Re: listening to voice mail
My first question would be, why record them? Minnesota is a "no fault" state. Recording them serves no legitimate purpose.
In response, it is possible your actionns may have violated the law by electronically seeking access to an account that you do not own. The question and potential defense would be whether you as a spouse have a legitimate interest in the account. Either way, it is unlikely to be prosecuted.
For Minnesota information visit http://www.divorceprofessionals.com
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