I am seeking information on admissable proof for a DBB claim of adultery. I put a GPS locator on my car and found out that she had been making unannounced stops on her way home and lying to me about were she has been at. She openly confessed to me after I tied text(just that the text had occurred)and phone call info to find who the other man was.
Are the GPS track logs, phone/text records and open confession to two friends and her own father enough evidence for that to stick. All three individuals are willing to sign sworn statements that she had confessed to the affair.
Also how long am I able to use this information in court. It has only been 2 weeks since confession and I leave for a month for work soon. Will that be too long to wait or do I have time as long as I don’t admittedly forgive her.
Additionally I have a recorded conversation of her explaining why she had the affair I.e. a confession. I know my recording was legal but is it admissable with the GPS track data, phone calls and proof of late night texts/voicemails?
I am concerned with her attorney when she gets one to try and poke holes in my evidence.
Your evidence is good but you need to be careful with a GPS tracking device on a car, especially if the car is not marital property. The best way to get evidence of an affair is to hire a private investigator who can lawfully follow and track her whereabouts. It may be good timing if you are about to go out of town on a business trip.
To prove an affair, you need to prove an act of illicit sexual behavior. This means you must prove inclination to commit the act of illicit sexual behavior (phone call logs, text message logs, emails, etc.) and the opportunity to have committed the act of illicit sexual behavior (spending the night with the other man at his house or a hotel for example). The private investigator can obtain the evidence relating to “opportunity,” which coupled with your own evidence, may be very strong evidence that your wife cannot refute. The more types of evidence you have, the stronger your case.
You still have time to gather more evidence. You don’t want to have condoned the affair - this would happen if you continued to stay married as normal, without pursuing anything, as if nothing ever happened for several months after you initially found out.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Anna,
The vehicle is marital property. They were at a scouting event when it started. I can’t prove that they stayed
overnightt together other than they were at the same place at the same time along with other adults. Is the audio recording of her describing the affair and that she had sex with him, along with the affidavits from people that she confided in not enough? The GPS tracker has her stopping in the middle of the night on the way home with calls before and after the stop from the affair partner.
What are the specific items they look at when they determine if I have resumed the marital relationship? What timeframe do I have?
That audio recording that you can identify as her voice will be very helpful to you assuming you lawfully recorded the conversation (at least one person knows it’s being recorded). The statements from the third parties will be helpful as well, especially if they are willing to give sworn testimony at a trial if that become necessary.
The GPS tracker showing that she stopped in the middle of the night at an address believed to be the paramour’s residence will be helpful to show “opportunity,” in conjunction with the audio recordings.
The quantity of evidence you have is very good. There is no set amount of evidence that you need, but generally, the more you have, the stronger your case is.
You will have been considered to condone the affair if you continue to act as husband and wife and continue to share in marital responsibilities. For example, you each share in the household expenses as normal, you each share in responsibilities around the house as normal, you continue to go to dinner together or go on vacations together as normal, etc. There is no set timeframe as this is a case-specific issue. But generally, after a few months with no action from you (for example, hiring a PI, consulting with a lawyer, making arrangements to separate, etc.), you could be considered to have condoned the affair.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.