Tuesday, October 16, 2012

High tech gadgets turning divorce into arms race

An interesting article from the October 6-7, 2012 Wall Street Journal explains how new "Bond-like gadgets" are transforming divorces as suspicious spouses are easily able to take investigations into their own hands.

As we have reported before, spouses who choose to eavesdrop on their spouse need to be cautious.   Unfortunately, serious consequences are in store for the unwary eavesdropper.

A common situation for a divorcing litigant is to install a device, without the other spouse’s knowledge, in order to record telephone conversations with a priest, marriage counselor, attorney and friends. The law is not clear in every state but Michigan and the Sixth Circuit Court of Appeals, enforcing a federal eavesdropping statute, finds those conversations inadmissible in any state or federal proceeding. Additionally parents have no right to consent on behalf of a minor to the interception of a conversation in which the parent is not a participant.

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