Alienation of Affection


#1

Dear plstam:

Greetings. There is a law on electronic communications, yes. Whether or not it would apply to your situation is questionable, since you have not provided sufficient facts. If the computer was you and your spouses (ie. the family computer) and your spouse retrieved instant messages off that computer, I would assume that you are caught and that they can use the same. Don’t forget though, that even if they cannot use the same, the testimony at court would probably go as follows:

Spouse’s attorney: Did you ever communicate over instant messenger with “boyfriend/girlfriend”?

You: Yes.

Then, the remainder of the communications will be asked about, etc. You cannot lie, as that would be perjury - and often information that cannot be used as evidence directly can be used for impeachment. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Is there a law that can prevent anyone from accessing your private emails and private conversations on Yahoo messenger in the privacy of your home to be used on alienation of affection cases?