Legal Question in Legal Ethics in Texas

Re: Use of voice activated recorder

Check with a local atorney, but as far as I know "wiretapping"/"mail intercept" statutes only relate to use of federal means of communication. Putting a voice recorder in your own home is not a problem; people do it all the time to monitor nannies and babies in their cribs. Using the recording in court would require authentication of the tape (proof that the tape is what you say it is and proof that the people on the tape are who you say they are), so you would need to keep impeccable records. Consult an attorney from your area on this one. Second, the opportunities to get it [or mention of it] in front of a judge are many, and this too requires an attorney to use it to your best advantage. Don't wing it, it could backfire. You don't want your spouse to claim later that you're a pervert and arranged the whole thing. Third, and of course, what I really recommend is having a good talk with your spouse, share a concern that s/he may be bringing AIDS into your home, share your concern that s/he's violating the trust of your marriage, and then, if you don't get a satisfactory response, get marital counseling and then consider divorce. A tape isn't going to do you any good, if s/he is having an affair but NOT bringing him/her into your home, is it??....Does it really matter WHERE the possible affair occurs?? Don't know about you, but I really wouldn't want to HEAR what happens in my bedroom when I'm not there, as it would tend to piss me off more than a simple acknowledgement of the affair would ever do. Why do that to yourself?