Cybersex and Divorce - Wiretapping And Interception Of Your Spouse's Electronic Communication (provided by Gruber & Colabella, P.A.) All divorce lawyers have had the experience of having a client walk into the office stating that they have absolute proof of their spouse's misconduct. When queried as to the manner in which they obtained the proof, the clients often advise that the proof was obtained through the unauthorized recording of their spouse's telephone conversation with a third party. The clients must be advised that they may have violated State or Federal Wiretap Statutes, which may expose them to criminal penalties, as well as severe civil divorce settlement texas divorce records penalties. In this modern computer age, suspecting partners attempt to prove their spouse's misconduct by means of reading the electronic mail, retrieving pager messages, eavesdropping on cell phone or cordless phones, retrieving records from internet conversations in chat rooms or private cybersex chat rooms. Federal and state wiretap statutes have been implemented to protect against invasions of privacy. In the context of family law cases, this issue comes up with regard to civil liability and damages, and also with the use of taped conversations in divorce and custody trials. In the majority of states, the unauthorized taping of a spouses' conversation could lead texas divorce records texas divorce records to civil damages and possibly criminal liability. It is unlawful to tape a spouse's conversation, unless it is consented to or it is specifically within one of the enumerated exceptions of the state or federal statute. CELLULAR PHONE AND CORDLESS PHONES New Jersey has adopted a more restrictive wiretap statute than the Federal Act. New Jersey's Wiretap Statute defines a "wire communication to include "any electronic storage of such communication, and the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit". This is the opposite of the Federal Statute, which exempts cordless phones. The addition child support guidelines california texas divorce records of electronic
