I have filed for divorce in Georgia. I have found that my husband has placed a voice activated recorder in my car, which I found and later confronted him. I later found one at home.which I have in my possession. We have been married for a long time. I have been unhappy for a while. I have made contact with and old friend which is a male and yes I have feelings for him. My husband is aware of this because he evidently has been recording me for a while. He listens to the recordings and then I asume saves the data and places the recorder back in place Is this legal in Georgia and can this be held against me or cause me custody problems with my son?
Typically, this would not be admissible evidence - however, it provides vital information that could be used in your a deposition to test your credibility. (a deposition is taken under oath)
As for the alleged adultery, so long as you have not exposed your son to your friend, it should bear no influence on custody. However, if adultery can be proven, it is a complete bar to alimony, and could also be considered by the judge in a property division.
Bet advice: 1. hire experienced local counsel (and be completely forthright with him or her); 2. discontinue any contact with your male freind; 3. take an inventory of all assets and liabilites, income and expenses and take it to your attorney - he or she can advise you of what you can expect in a divorce situation
Remember that adultery does not need to be a factor in the break up of a marriage - the most common legal cause for a divorce is simply that the marriage is "irretrievably broken"
I wish you the best of luck
Doug Hassinger
Georgia makes it a crime to secretly record a phone call or in-person conversation "originat[ing] in any private place" unless one party to the conversation consents. See Ga. Code §§ 16-11-62(1), 16-11-66.
So your husband could go to jail. It is a serious crime.
Having said that, your conduct could impact a custody case. Sit down with a lawyer and determine how much harm you may be doing to your custody claims. If you filed yourself without a lawyer, get one now. Your pro se filing was a serious blunder that could really boomerang. The lawyer will determine what to do about your husband's crime.
OCGA § 16-11-62 prohibits the interception or recording of a telephone call by any person who is not a party to the conversation. This prohibition includes interceptions by family members. Kelley v. State, 233 Ga.App. 244, 248-249(2), 503 S.E.2d 881 (1998). "OCGA § 16-11-62 was intended to protect all persons from an invasion of privacy. Ransom v. Ransom, 253 Ga. 656, 324 S.E.2d 437 (1985).
However, OCGA § 16-11-66 provides two specific exceptions which allow such interception. [2] OCGA § 16-11-66(a) reads as follows: Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. Further, OCGA § 16-11-66(b) provides that the telephonic conversations of a child under 18 years of age may be recorded and divulged if, upon written application by a private citizen, law enforcement agency, or prosecutor's office, a judge of a superior court and the child consent to such taping.
Title III was enacted in 1968 to protect the privacy of wire and oral communications and to regulate the conditions under which interceptions would be allowed. Pub.L. 90-351, Title III, § 801, p. 253, 82 Stat. 211 (1968); U.S. Code Cong. & Admin. News, 90th Cong., pp. 2112, 2153 (1968). Presently, Title III prohibits the interception of wire, oral or electronic communications without (a) a court order or (b) the prior consent of a party to the conversation. 18 U.S. C. 2511(1), (2)(a)(ii), (d).
That means that what he has done is illegal and cannot be used in court
