Legality of audio recordings****************************...

[CheatedOninTx]

What is the name of your state (only U.S. law)? Texas.

Evening,

On September 29th this year my wife came to me and asked me for a divorce out of the blue. I have suspected infidelity for quite some time but had no proof and didn't want to truly pursue it due to our beautiful little 18 month old girl.

Because she hit me with this out of the blue I put a digital voice activated recorder in a common area of the house while I was out of town on business.

When I returned I reviewed what I had while she was at the bar with her "girlfriends"

I was somewhat shocked at what I heard. She had him over for a romp WITH MY DAUGHTER SLEEPING IN THE NEXT ROOM!!!

Then I heard them plotting and planning against me.

I have more recordings of her talking to him and others from her car. (community property due to marriage) I believe.

My main concern is the legality of these recordings.

 

[Antigone*]

What is the name of your state (only U.S. law)? Texas.

Evening,

On September 29th this year my wife came to me and asked me for a divorce out of the blue. I have suspected infidelity for quite some time but had no proof and didn't want to truly pursue it due to our beautiful little 18 month old girl.

Because she hit me with this out of the blue I put a digital voice activated recorder in a common area of the house while I was out of town on business.

When I returned I reviewed what I had while she was at the bar with her "girlfriends"

I was somewhat shocked at what I heard. She had him over for a romp WITH MY DAUGHTER SLEEPING IN THE NEXT ROOM!!!

Then I heard them plotting and planning against me.

I have more recordings of her talking to him and others from her car. (community property due to marriage) I believe.

My main concern is the legality of these recordings.

So retain an attorney and give her the divorce. Why deal with all the secret recording stuff?

 

[tuffbrk]

Apparently, TX is a two party sate in which you can only wiretap with permission from the parties or at the least be a party to the conversation or ahem, the activities. See below link.

http://www.koonsfuller.com/res/files/64/EVIDENCE.pdf

More to the point and to repeat Antigone's sentiments - who cares? Just go ahead and retain an attorney and file. You can discuss with them whether it would be helpful to perhaps use a PI to document overnight guests in your absence in the interim.

 

[CheatedOninTx]

She's going to get her divorce. However I want to fight for custody of my daughter. I want to be able to expose the truth to her family and friends. Prove that I'm not what she's touting me to be.

 

[Zigner]

She's going to get her divorce. However I want to fight for custody of my daughter. I want to be able to expose the truth to her family and friends. Prove that I'm not what she's touting me to be.

Is she a bad mother, or a bad wife? There's a difference...

 

[tuffbrk]

You don't really need to "fight" for custody. You will most likely get joint custody. As your daughter is 18 mos old, Mom has most likely been the primary caregiver. Especially in light of business travel which seems to be part of your job.

I would think you knowing that your wife is cheating is enough. To spread it around, so to speak, is to humiliate yourself. Why is it important that your wife be shown to be "the bad one?" Sometimes it's quicker to just turn the other cheek and behave with decorum. Actions speak louder than words in the end.

ood luck.

 

[ecmst12]

Even in a one-party state those recordings would be illegal, OP was not a party to the conversation.

 

[ecmst12]

Your daughter is part of the family that you want to "expose" your wife to. Making a dirty, ugly mess out of your divorce is not in her best interests. It's not in yours, either, but it will hurt her more. I suggest you get yourself a good lawyer and a good therapist.

 

[CheatedOninTx]

She's not a terribly bad mother. She has in the past gone to happy hour, had a few, then picked up our daughter and driven her home. On oct 13 she had a party at the house. I wasn't home for most of t but when I got home I found a piss drunk dude making out with a girl leaning on my daughters bedroom door while she was in there asleep. I want to know if I can use any of it to potentially fight for my daughter. Her family is pushing her totry for sole custody with in state only holidays as they're afraid I'll steal my daughter. I'd never do that. I eat her family to know the truth.

 

[ecmst12]

Lawyer. Therapist. Forget any dreams about making her look bad to her family. Don't move far away, stay in the same school district and try for 50-50 physical custody (of course that will only really work if you can get along with mom) or let mom have primary physical and go for standard visitation. Do NOT concern yourself with what her friends or family are saying. None of it makes any difference. This is about you, and your wife (soon to be ex) and your child. PRIORITIZE.

 

[tuffbrk]

As has been suggested, you need to prioritize. Frankly, I'm getting the impression that your daughter is not the priority. If you were concerned about her, you would have been home the night of the party. And really how loud and crazy was the party that your daughter was able to sleep through it? Also, you mentioned that in the past, Mom has picked up baby girl after a ****tail. So again, why did she have to pick her up? Where were you?

Clearly, this is not new behavior on her part. Standing back and listing all of her "faults" doesn't gain you any credibility when you don't step up.

You need to get past your anger. You are attempting to punish her for cheating or wanting a divorce. You need to get past it and simply end the marriage.

 

[Just Blue]

. I eat her family to know the truth.

Okay then. I have spent several moments trying to think of how this quote could be just a "typo". I am not able to.

 

[CheatedOninTx]

my daughter is absolutely my priority. As for where I was during the party, I was in training until 2:45 pm then came home. As for why she had to pick her up after her happy hour, I was at work.​

 

[TheGeekess]

She's going to get her divorce. However I want to fight for custody of my daughter. I want to be able to expose the truth to her family and friends. Prove that I'm not what she's touting me to be.

She's not a terribly bad mother. She has in the past gone to happy hour, had a few, then picked up our daughter and driven her home. On oct 13 she had a party at the house. I wasn't home for most of t but when I got home I found a piss drunk dude making out with a girl leaning on my daughters bedroom door while she was in there asleep. I want to know if I can use any of it to potentially fight for my daughter. Her family is pushing her totry for sole custody with in state only holidays as they're afraid I'll steal my daughter. I'd never do that. I eat her family to know the truth.

my daughter is absolutely my priority. As for where I was during the party, I was in training until 2:45 pm then came home. As for why she had to pick her up after her happy hour, I was at work.​

One of these things is not like the others.

 

[tranquility]

Frankly, "out of the blue" is not a claim that inspires confidence in the OP's fact scenario.