Evidentiary Proofs/Alimony & Child Custody


#1

I am a Private Investigator in WV and have a client from Ft Bragg who is currentl;y deployed to Afghanistan. He has hired me because he suspected his wife of cheating on him here in WV. She is. I have two questions regarding NC divorce law…

  1. ISB being applicable by a dependent spouse, is there a minimum length of time parties must be married when ISB is considered for Alimony & Child Custody issues?

  2. What form should evidence of infidelity take? i.e…written report by me; photos; taped interview; untaped interview; any, all, or none of these?

The answers to these questions will enable me to determine which course of action to take in obtaining evidence that will best serve my client.


#2

No, ISB is a complete bar to the dependant spouse being awarded alimony, no matter the length of the marriage. ISB does not however, affect child support in any way.

To prove that an affair has taken place it must be shown that the unfaithful spouse had the inclination (affectionate relationship with paramour) and opportunity (staying overnight together, spending time in a hotel room, etc) to have sexual intercourse with paramour.

I would suggest obtaining photographic evidence of the wife and paramour spending time together in romantic/dating situations, documenting overnights together, and if you can legally obtain phone records that would also be helpful.


#3

How would an audio recording of her admitting she stays with the paramour work?


#4

Yes, an audio recording could be used as evidence in court, and is admissible under the “admission of a party opponent” exception to hearsay rule.