Marriage and the Power of Divorce

Daelos

Daelos

Guarding the guardians
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Start carrying around aVARwhen at home. It's really, really cheap insurance against a world of trouble in the future.
 
Gavinmad

Gavinmad

Mr. Poopybutthole
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That seems like something you should ask a lawyer about. How does her reasonable expectation of privacy in her own home jive with the fact that it's your home too?
 
Tarrant

Tarrant

<Prior Amod>
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Noodlemod_sl said:
She starts breaking your stuff like a little child taking their ball home.. I don't think she'll settle for the easy thing you have drawn up
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Not while she's going nuts no. When she calms down I think it'll be a good chance.

And in instances of mental anguish it's harder to prove, which I would have to do. I'd have to go in front of family court full a full battle and my son would have to talk most likely on the matter as well. I can't, under any circumstance, move out until this can happen. I can however begin moving things out, which I will be.

This isn't as easy as "GTFO", and yes, I'm in communication with a lawyer, I met with one this morning for a preliminary consultation.

EDIT: I've been told any recordings without her knowledge wont be allowed to be used.
 
T

Tenks

Bronze Knight of the Realm
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I've seen otherwise sensible and reasonable women act completely irrationally and unreasonable when it comes to divorce proceedings. I can't imagine a certified psycho.
 
Tarrant

Tarrant

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Daelos_sl said:
Just tell her: "I'm going to be recording everything you say from now on", whilst recording and getting her to acknowledge that.
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She has to consent...I could possibly fit it into another argument when one happens and she'll brush it off and say she doesn't care. It's an idea...I'll run it by the guy who knows more about this stuff than I do.
 
Cad

Cad

scientia potentia est
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Better to have the recordings and argue about admissibility later than to not have them and definitely lose.
 
T

Tenks

Bronze Knight of the Realm
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Tarrant_sl said:
Time will tell, until then I'll follow the path my lawyer has set for me.
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Probably a good idea. I would however like to hear the conversation with your lawyer if you decide to take rerolled's advice. "No sir I thought your idea was bad and a bunch of idiots on the internet told me to do something else so I did that."
 
Cad

Cad

scientia potentia est
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Tarrant_sl said:
There's no argument, if she doesn't consent they are thrown out.
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Thats just wrong. Minnesota wiretap statutes allow a party to a conversation to record that conversation.

626A.02 - 2014 Minnesota Statutes

(d) It is not unlawful under this chapter for a person not acting under color of law to intercept a wire, electronic, or oral communicationwhere such person is a party to the communicationor where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of the United States or of any state.
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The statutes provide that any person who intentionally intercepts an oral communication is subject to liability. Minn.Stat. ? 626A.02, subd. 1(a); 18 U.S.C. ? 2511(1)(a). A party to the conversation is exempted from liability, however, unless the communication is intercepted for the purpose of committing any criminal or tortious act. Minn.Stat. ? 626A.02, subd. 2(d); 18 U.S.C. ? 2511(2)(d). The burden of proof is on the party attempting to show that the communication was intercepted for criminal or tortious purposes.
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One-party consent (yours) is fine to record. Record away, sir.
 
Soygen

Soygen

The Dirty Dozen For the Price of One
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So that's two statutes that Cad has proven your knowledge wrong, Tarrant. Maybe you should pay Cad the retainer, instead of your current lawyer.
 
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