Recorded message, Cheater

I suspected my husband was contacting multiple people on dating type sites. I used a phony phone number and texted him pretending to be a man and told him if he were interested in getting together to leave a message on my (phony) phone number with his stats (learned that type of wording from researching creep site). I texted him I couldnt talk right then. He left a message using a fake name with his personal attributes in the message for a hook up. Its obvious its him by his voice. He called using a phone number on a secret phone he has hidden from me. I’ve learned he is bisexual.
Could i use this recording in court or as leverage out of court? Been married very many years, both of us are middle aged. I’m disabled and I need alimony.
I never spoke with my husband, it was all with text messages and now the voice mail he left for me thinking I was a guy. It would be a lifesaver for me. Sadly he is a liar as well as a cheater.

Yes, you could use this as evidence and/or as leverage in negotiations. However, to prove marital misconduct, you need to prove that he committed an act of illicit sexual behavior. Contacting people by text messages, emails, and phone calls, without more evidence, will not be enough.

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.

Well, he was describing his looks and telling his size if you know what I mean. Ugh. Sorry. I also have other text messages from other times describing what he likes to do and has done with men.