Got caught by Keylogger

[gnrscom1]

What is the name of your state? North Carolina

Can evidence from keylogging software be used against one in divorce? Is it like wiretapping? If I caught my wife writing emails to her lover, can I use that to gain custody of the kids?

[Ohiogal]

Originally Posted by gnrscom1

What is the name of your state? North Carolina

Can evidence from keylogging software be used against one in divorce? Is it like wiretapping? If I caught my wife writing emails to her lover, can I use that to gain custody of the kids?

Prove that your wife is having an adulterous affair. Prove that the evidence was typed by your wife to her lover. Prove that it was gathered legally.

There is currently a lawsuit regarding striking down the state's law on cohabitation/adultery that could affect this case.

[gnrscom1]

My question exactly. Was it gathered legally if the emails were obtained by using keylogger software?

[BelizeBreeze]

That is NOT the question the court will ask. Or opposing council. The initial question that will be asked is can you provide proof that the person you 'claim' made the offending strokes on the keyboard is in fact, the person who did such?

All a keylogger does is record each stroke on the keyboard. It does not know who made the stroke.

As to the wiretapping, if this is a computer in the home where you both live, it's 'owned' by both parties and is legal.

[stealth2]

Exactly - prove that it wasn't you entering the keystrokes to set yoru wife up.

[Bali Hai]

Originally Posted by stealth2

Exactly - prove that it wasn't you entering the keystrokes to set yoru wife up.

Well, doesn't it just come down to what the judge "believes"?

After all the judge is the sole juror and calls ALL the shots in these kinds of cases.

[stealth2]

Sure - but if hubby can't prove who it was, it's unlikely that it would matter much.

[gnrscom1]

Would the print offs from this keylogger ever make it past an evidence hearing? Is there such a thing as evidence hearing in divorce cases?

[Bali Hai]

Originally Posted by gnrscom1

Would the print offs from this keylogger ever make it past an evidence hearing? Is there such a thing as evidence hearing in divorce cases?

Who would hear it? The same judge making the decisions?

[LdiJ]

Originally Posted by gnrscom1

Would the print offs from this keylogger ever make it past an evidence hearing? Is there such a thing as evidence hearing in divorce cases?

Prints off of keys on a keyboard would be too blurred to be of any use. Pluss, if its the family computer, everybody's prints are going to be there anyway.

[CJane]

Originally Posted by LdiJ

Prints off of keys on a keyboard would be too blurred to be of any use. Pluss, if its the family computer, everybody's prints are going to be there anyway.

He meant print-outs from the software that records keystrokes.

[Freeagain]

There really is no such thing as a divorce trial in N.C., you don't have to prove anything as it is a no fault state, except that you have been seperated for a year. They may use your information in deciding alimony and with the child support, but that is seperate from the divorce I believe. I think you have been to [url]www.rosen.com[/url], that is a good source for information if you visit their online libraray.

[BelizeBreeze]

A keylogger is nothing more than a 'listener' script sitting between the keyboard.drv and system file capturing the ASCII code and transcoding it into it's default language equivilent, usually in a log file that can be downloaded and printed off or online.

It does NOT verify who pressed the keys but can affix the name of the logged in user to each line if it's being used to intercept chat logs.

However, as evidence, it's worthless.

[gnrscom1]

So, if I obtained the password to her email account, printed out the emails, could that be used against them?

Although I can not prove who typed the email I am sure I could show that a reasonable person would believe that she and her lover typed them. More likely than not, they did it! How indepth must one go to prove there side?

[LdiJ]

Originally Posted by gnrscom1

So, if I obtained the password to her email account, printed out the emails, could that be used against them?

Although I can not prove who typed the email I am sure I could show that a reasonable person would believe that she and her lover typed them. More likely than not, they did it! How indepth must one go to prove there side?

That would probably be illegal unless she voluntarily provided you her password.