Even in the best-case scenario, divorce is messy and painful. The choices that you and your spouse make can speed up this process or drag it out. If you are considering a fault-based divorce, you may be wondering how you can get the proof you need to show that your spouse is cheating or otherwise causing the divorce. What are you allowed to do? What will lead to further legal problems?
This is just one reason you need to work with a divorce attorney while navigating this process. The team at Holcomb & Russell can help you understand your rights and obligation. Call us at 228-206-5843 to set up a consultation.
Recording Laws in Mississippi
As far as recording goes, Mississippi is a one-party consent state. This means that if you are recording a conversation, you must have the consent of at least one person in the recording.
If you are having a conversation with your ex-partner, you can obviously be the consenting party. This allows you to capture evidence that may be useful to you during your divorce, such as a confession of infidelity, a discussion of the other party’s abuse, or a confession of your ex’s alcoholism or drug use.
Note, though, that this law only extends as far as the state line. If you or the other party are in another state, you must abide by the other state’s laws as well. For example, if your ex is at a work conference in a two-party consent state, you cannot record a phone call without their consent. Otherwise, you risk breaking the law.
What About Private Conversations with Other People?
While you can record your own conversations with your spouse, you cannot record their discussions with other people unless you have one party’s consent. If you somehow overhear a conversation between your spouse and their affair partner, you cannot record it.
This can be frustrating, but it is crucial that you follow the law to the letter. Failing to do so could lead to criminal charges and complications in your divorce.
Spying on Your Spouse
One topic that comes up a lot is spying on their ex-partner. If getting evidence of their misdeeds could help you get a fault-based divorce and get what you want in the division of assets, spousal support, and other matters, you’ve likely considered this option.
You have to tread extremely carefully in this area. While there is a lot that you are legally allowed to do, it is also easy to stumble accidentally into illegal territory. You risk more than just a citation—certain actions could actually lead to jail time and large financial penalties.
In general, you are allowed to follow and watch your spouse if they are in a public area where there is no assumed right to privacy. Consider a grocery store. Everyone knows there’s no right to privacy there, and you could run into anyone.
On the other end of the scale, you have your home. You don’t expect someone to be spying on you in your home because you have a reasonable expectation of privacy. While you may be able to get proof of your spouse meeting up with an affair partner at a restaurant or hotel lobby, you cannot get proof of their actions via spying on them in one of their homes.
How an Attorney Can Help
As you can see, it’s hard to determine exactly where the line is sometimes. Your attorney’s job is to help fight for the best outcome for you, and that means keeping you out of legal trouble. If proof of your ex-partner’s actions would help your case, your attorney can help you secure the services of a private investigator who can get the evidence you need legally.
Reach Out to Holcomb & Russell to Discuss Your Family Law Needs
We know that divorce is hard, but we believe we can make this process easier and less stressful for you. Let’s sit down and talk about what you are looking for in your divorce and how we can help. Call us at 228-206-5843 or send us a message online to set up a consultation right away.