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North Carolina Divorce Lawyer Explains Infidelity in Divorce

2008-10-09 03:08:29 (GMT) (Caymanmama.com - Law Top Stories News)

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Cheating Spouse

North Carolina Divorce attorney - Carole Gailor on The Cheating Game. Raleigh, North Carolina (CaymanMama.com) — An unfortunate fact of marriage is that cheating is more common than one thinks. Newlyweds enter into married life full of hope and with no idea that one spouse may possibly stray from the other.

According to cheating spouse statistics, “50 and 70 percent of married men (between 38 and 53 million men) have cheated or will cheat on their wives. One study found that 2/3 of the wives (26 to 36 million women) whose husbands were cheating had no idea their husbands were having an affair - largely because they failed to recognize the telltale signs.”

That being said, if suspicion has been caused that a spouse is committing adultery or having a sexual relationship outside of the marriage, there are legal steps the cheated-on spouse can take to find out.

Step 1: Hire a Private Investigator - One of the best options to finding out the truth is to hire a private investigator who is experienced in divorce investigations. The main downfall to doing so, however, is that private investigators can be a bit pricey and there is no way to way to know for sure how long the surveillance will take to uncover evidence of suspected infidelity. No matter what, it is important to ensure that the investigator will use only legal means of investigation as some methods which may be taken by an angry spouse or an uninformed private investigator may put both parties in legal jeopardy.

Step 2: Employ a GPS Tracking Device - The state of North Carolina has no law against the use of GPS tracking devices. These devices can be used to easily locate and track a person or vehicle using signals emitted from the device. Private investigators used these devices to conduct surveillance and track vehicles without the danger of disclosing the investigator’s presence or position. GPS devices can be easily bought at electronic stores and are small enough to be affixed to a vehicle without the person knowing. In North Carolina, there are no cases which prohibit the use of these devices in civil, divorce cases.

Step 3: Monitor Emails Wisely - Monitoring a spouse’s email or other electronic devices may violate state and/or federal law and possibly constitute an invasion of privacy. N.C. Gen. Stat. § 15A-287 (2006) prohibits the interception and disclosure of wire, oral, or electronic communications. The Federal Electronic Communications Privacy Act (ECPA) bars individuals from “intentionally intercept[ing], endeavor[ing] to intercept, or procur[ing] any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication.” In considering monitoring a spouse’s email, it is important to seek the advice of an experienced divorce attorney to ensure that the steps a private investigator may take will be completely legal and will stand up in a court of law.

If you suspect your spouse is cheating or wish to dissolve your marriage on the basis of infidelity, contact the compassionate North Carolina Divorce and Family law firm of Gailor, Wallis & Hunt, PLLC at 877.834.8488 or visit http://www.gailorwallis.com/areas.html.



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