Was this appropriate action & sufficient proof?

Dear MAmodeo:

Greetings. Here are my answers:

  1. Yes, it was a violation of the federal wiretapping laws
  2. The information may help your chances of getting primary custody, but I suggest that you hire a private investigator to get real information. Remember that the key to custody is what is in the children’s best interest, not if she is having an affair or not. The affair is just a factor to look at.
  3. No (and this made me laugh to think of how you would get her to take a polygraph test) a polygraph test is not admissible. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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 but a full discussion with an attorney should be undertaken before taking any action.

I recorded a telephopne conversation (actually more than 1) where my wife was telling another man that she loved him. The actual words were “I Love You Baby”. I had always suspected who the man was, a captain in the local police department non-the-less. I confronted my spouse & all she would ever say was that it was just a close friendship, never physical, never sexual, but there was the admission that the “affair” had been going on for over 1 1/2 years. There was too much personal information in the conversations & the intimacy in their voices was definately more emotion thatn i had received from her in almost 9 months. My wife said that she’d like us to try to work through this “situation”, but I told her that for us to do so that she would need to take a polygraph test so that I would have closure as to the true extent of their relationship. I told her that if she refuses the polygraph or fails that it wouldn’t be possible for us to attempt a reconciliation.

My questions are …
1 - Was my recording of the conversation going too far?
2 - Would this information help my chances of getting primary custody of our 3 children?
3 - If she took the polygraph test and failed, then could the results be admissable in any divorce proceedings?

Please … any advise would be greatly appreciated.