Emails as proof of affair


#1

It violates federal law to intercept another person’s email without permission. However, the email itself may be admissible in court.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

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

Okay, it is illegal for someone to go get the emails, but they can used anyway! Is that what you are saying? Also, what about the other questions asked, please!!![?]


#3

There are two areas to the law concerning the interception and use of emails. Even if an email is illegally obtained there are instances where it may be used in court. The different scenarios are far to complicated to go into on the message board. If you wish to use emails you intercepted from another’s account, I would advise you consult with an attorney before using these emails in court.

Any evidence that you have about the state of your marriage can be admissible in court. It is not likely that one piece of evidence will prove or disprove your entire case. All evidence builds on itself and the court weighs all the factors before making a decision.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#4

I’m confused. In one response, it was said that a spouse could not go into your personal email without permission and use against you. In another, the spouse went into another’s email, pretended to be them and she can use that.

  1. Can you please explain the difference?
    If emails retain from home computer, but personal account with password, spouse changes password to retain info
  2. Can info be use in court?
    Also, if a diary was kept of the declining feelings/relationship prior to an affair, and unhappy spouse was seeking advice from friends/coworkers regarding marriage, can this be use as proof in an AoA case that there was no love in the relationship. What if the other spouse has cards vowing love? (birthday, anniversary, not just because cards) Thanks!!!