My husband and I made an intimate video tape about 10 years ago. Now we are separated and heading for a divorce. He currently has the tape in his possession. We both thought that the tape had been destroyed, but it was found mixed in with other older tapes. Does he have the right to keep that tape? It was made consensually.
I know of no law against him keeping the tape.
He has offered to give me the tape if I would agree to sleep with him occasionally until our divorce is final. Is that illegal for him to ask that of me? We have another 8 months until we can file for divorce. I realize that it is illegal for either of us to sleep with another person even though we are separated. He is willing to settle all of the issues, such as custody, support and property distribution, along with giving me the video tape if we can agree on this issue. I just want to be sure that it isn’t illegal for either of us to agree on this point.
It is not illegal for a husband and wife to sleep together, however this could become an issue relating to your date of separation, and if he is threatening to disseminate the tape if you do not agree it could be considered blackmail.
He is not wanting to move back in together, just once or twice a month for us to get together. He is not threatening to disseminate the video, but he does want me to agree with this before he will agree to the other issues.
The only legal advice I can offer here is that you will want to read the statutes (located on the home page) regarding what acts can serve to start the clock over on the date of separtion, each case is different, but your regular get togethers may jeopardize the time period of separation and delay the date you can file for divorce.