Overheard Conversation

If I heard my husband talking to his mistress about there planned trip to Jamaica next week, can that be used as proof of adultery? Do I need additional proof from a PI? He is flying out of another city, do you recommend the PI following him to the city and getting footage with her going to the airport? Will that be enough or will I need footage in Jamaica. He texted me that he will be in Tampa that weekend, but I found his airline confirmation to Jamaica.

An overheard conversation will not be enough. PI evidence is best, but if you cannot get PI evidence, then any airline receipts, hotel receipts, credit card statements, etc., especially with the girlfriend’s name, will help too.

There is no set amount of evidence that is enough to prove an act of illicit sexual behavior. Generally the more information you have to show the totality of the circumstances, the better.


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.

Thank you for clarification, so photos, videos, documents and screenshots of emails to her would work?

Yes, that evidence would be helpful as well. As to the emails, the emails need to be legally obtained and not the result of hacking into your husband’s email account.


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.

Thanks. His email is available on the cloud that is accessible and connected to my laptop. Is that considered hacking?

No. If his email is accessible to you and he is aware, or he has shared his password with you and never changed the password for example, or he has left his email open on a shared computer without logging out for example, that is not hacking and permissible means to access it.


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.

Thanks. Will information gathered from a GPS tracker be valid documentation?

Yes, but it is best if a GPS tracker is placed by a licensed private investigator.

There could be privacy violations if you place a GPS tracker on your spouse’s vehicle, especially if the vehicle is not marital property.


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.

Okay thanks. Also, I’m in the preliminary stages of my divorce, we are not legally separated but he lives in the basement (since early last year). Since we aren’t legally separated, is it too early to retain a lawyer? I don’t want to deplete my resources, especially since we are not legally separated.

No, it is not too early to retain a lawyer. Many times hiring a lawyer early in the process can ensure you have your rights and your financial situation protected before there is a physical separation.

Also, it is possible for the spouses to negotiate a full divorce settlement and execute a separation agreement prior to separation.

Check out our Before You Go E-Book for more information about starting the marital separation and divorce process.


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.