Legal Question in Family Law in Virginia

phone recordings

Is someone records a phone conversation in Virginia, will it hold up in court for proof of adultry?


Asked on 9/20/01, 1:15 pm

1 Answer from Attorneys

Lisa Lane McDevitt McDevitt Law Office

Re: phone recordings

I know this sounds like a typical lawyer answer but...IT DEPENDS AND IT DEPENDS ON MANY FACTORS. Did you tell the person they were being recorded? Did they make an admission in the recording? State law is very prohibitive regarding recordings.

Regardless of the answer to the above, you will likely need other supportive evidence.

Filing for divorce on adultery grounds is a very common gut reaction many litigants have. It is a very justified visceral reaction. However, there may be some very practical, financial reasons not to go down that path. First, it can be very costly! Second, it is difficult to prove. Third, in most cases it gives you very little.

I cannot imagine how you feel right now. You must be furious and searching for ways to protect yourself. You may be a perfect candidate to sue for adultery or you may spend a hell of a lot of money, pride and energy to prove something that may not result in any satisfactory financial or emotion end. I would have to speak to you personally to determine in which category you fall. In the meantime, NOTES, NOTES, NOTES, take many notes. Document everything. Protect your assets and do well be any children you have. In the end those things will be your greatest accomplishments.

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Answered on 11/05/01, 10:03 pm


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