Proof of affair obtained illegally?

North Carolina Divorce Law Divorce and Separation Answers
1

Prior to our separation, I was the primary account holder with our cell phone company, with stbx as an add-on to the family plan. As the account holder, I had an account setup online with a user name and password. While we were still married, my stbx guessed my user name/password, added himself to the account, ordered phone records from my cell, and then removed himself from the account. Through these phone records, he discovered that I was talking several times a day with someone with whom I worked and that I was in different cities than I said I was in when I was supposedly traveling on business.

In addition, he went through my corporate computer email and stored documents to find a picture of us kissing, an IM conversation with a friend of his and my journal.

My question is whether these records were obtained illegally since my laptop and accounts were tampered with, without my permission or knowledge. Can they be used to prove an affair took place?

2

Not sure about the cell records, but as for your emails, yes, those were illegally obtained and cannot be used since he didn’t have permission to access the machine.

3

What exactly does “cannot be used” mean? Does it mean they could not be admitted or that the judge/jury would try to ignore them (which would be hard to do if they had already seen them).

4

The phone records were obtained legally as the plan was a joint one, the emails were obtained illegally and may not be held admissible in court. Further, your company could consider pursing a claim against your husband for his intrusion into the corporate files.