is it legal to provide video recordings of a wife talking to her lover over the phone via video chatting to court in order to prove instability and conspiracy?

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is it legal to provide video recordings of a wife talking to her lover over the phone via video chatting to court in order to prove instability and conspiracy?

I had my suspicion of my wife cheating on me, so I placed a spy cam in my room. When I left to go food shopping she was talking to her lover behind my back about all sorts of things, like moving in together with our kids and so on.

Asked on August 26, 2019 under Family Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Illegal: you could face liability for doing this, so don't mention it, do't try to use it, etc. Here are the problems:
1) You can NEVER audio record (since you know what she was saying, we assume there was an audio recording) someone in your state without the consent of at least one person in the conversation. Since you were not part of the conversation, that means your wife or her lover would have to consent. If they did not, this is a felony: the equivalent of wiretapping.
2) You can't videotape someone where they have a reasonable expectation of privacy. Your wife had a reasonable expectation of privacy in the bedroom you and she shared, so this is illegal.


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