Legal Question in Family Law in New York
is it legal to wire tap a home\business phone
i have a small business and we use one phone for both home and business use. if i tape record my wife talking to her lover can i use that information in a divorce or custody petition?
2 Answers from Attorneys
Re: is it legal to wire tap a home\business phone
Absolutely not. Not only is the tape inadmissible it is illegal. For it to be legal, you must either have permission or be a party to the conversation.
Re: is it legal to wire tap a home\business phone
It is my sense, that if the phone and number is "yours," you regularly record calls to your business/home line and you empatically NOTICE callers, that their calls may be monitored or recorded, then you might have a chance to use your "monitorings," for impeachment purposes.
However, NY is an "equitable distribution" state, and explicit adultery evidence and testimony is generally irrelevant to the divorce process.
Thus, your desire to acquire dispositive proof and atttempt to use such evidence, will be a waste of your time. It may also present you to the Court, in an unflattering "light," and increase costs to you, both financial and emotional, from which you may never recover.
Immediately, Consult a lawyer!!!
Good luck,
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