Infidelity case

Me and wife have been staying in charlotte, nc since oct, 2013. We are indians and got married in india in dec,2011.
My wife activities were bit suspicious from past few months, so thought of recording audio clips when she goes to office.
Recently, got to know from audio clips that she is cheating on me. Everyday or every alternate days she meets other guy who is the employer of her.

latest recording was of 20th feb, 2016 where she has gone with him to get valentine gift (i.e. clothings worth of 500 dollars)

Now, I’m requesting her to separate out mutually. but she is not willing for that.
and I do not want to contest as this would tarnish their families image and ruin her career.

She says, she cannot give divorce. As per her, dying is more preferred than giving divorce.

I’m really tensed. I can not live with her anymore. and bit worried also if I pressurize her and she does something to her.

Kindly advise, how should I handle this situation.

Thanks.

Do you have a legal question about separating?

Yes. I do have.

How should I get separated if she is not willing to give ?

Is it even legal to record people who do not know they are being recorded? My understanding was that one party to the conversation has to know (usually the person doing the recording).

Am I wrong? Sorry to ask on this person’s thread, but this has been a huge issue in my life with my ex.

I agree with you. It is not right to record without informing the party.
But then how will anybody prove infidelity ? People don’t indulge in extra marital affair in front of their partner.
What should I do ? Is this proof not sufficient to prove infidelity ? Will it backfire to me as I’ve recorded their conversation without their knowledge ?

You can separate by moving out. Legal separation in North Carolina occurs when parties begin living separate and apart (in separate residences).

To answer the subsequent question about audio recordings, it is legal to record conversations so long as you are a party to the conversation. It is illegal to record your spouse’s conversations with third parties.

[quote=“srivastavag”]I agree with you. It is not right to record without informing the party.
But then how will anybody prove infidelity ? People don’t indulge in extra marital affair in front of their partner.
What should I do ? Is this proof not sufficient to prove infidelity ? Will it backfire to me as I’ve recorded their conversation without their knowledge ?[/quote]

Yep recordings of conversations from people without their permission is illegal. You can probably keep the recording to yourself but won’t be able to use it against anybody. If you own the house then she should be the one leaving but if you don’t then it’s up to you to leave. Before you actually start living separately make sure that you have done everything to make things work and if not at least understand each others intentions. Good luck.