Marriage and the Power of Divorce

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Cad

Cad

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Soygen_sl said:
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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Nah, I just hate to see a bro make a mistake. I feel like he's looking for excuses not to leave. He needs to man up, confront her, and get this shit done. If he thinks she's acting psycho when he leaves her at home on a day trip, wait for the freak out when she gets served with the divorce suit.
 
Cad

Cad

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Khane_sl said:
So then you're wrong, the recordings would be inadmissible
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I think you're missing an "unless" in there bro

So a party is exempted from liability... (i.e., recordings admissible).. UNLESS... criminal or tortious. So if the recordings are used for a criminal or tortious purpose, then they are inadmissible/illegal.
 
Kirun

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Cad_sl said:
If he thinks she's acting psycho when he leaves her at home on a day trip, wait for the freak out when she gets served with the divorce suit.
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Seriously. It's going to be epic levels of nuclear. Tarrant is still convincing himself that she's going to be "reasonable". Like Cad said, it sound like he's just making excuses now that things have settled down a little, or the reality of leaving and what that entails is settling in. Habits and complacency are hard to break.
 
Khane

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Cad_sl said:
I think you're missing an "unless" in there bro
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His wife would have to be committing a criminal or tortious act. Though I suppose if while she was breaking his shit in front of him she was like "See that! I'm breaking your precious dice! Take that dice! That's the sound of me breaking his dice!" it would count but what would that have to do with a custody battle?
 
Soygen

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Cad_sl said:
Nah, I just hate to see a bro make a mistake. I feel like he's looking for excuses not to leave. He needs to man up, confront her, and get this shit done. If he thinks she's acting psycho when he leaves her at home on a day trip, wait for the freak out when she gets served with the divorce suit.
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Of course, I'm being sarcastic about the retainer, but I totally agree that it sounds like excuses for leaving. I want nothing more than for Tarrant and his kid to improve their situation.
 
Soygen

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Khane_sl said:
His wife would have to be committing a criminal or tortious act. Though I suppose if while she was breaking his shit in front of him she was like "See that! I'm breaking your precious dice! Take that dice! That's the sound of me breaking his dice!" it would count but what would that have to do with a custody battle?
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No, the person recording cannot be recording for criminal or tortious acts. That's how I read it, at least.

I am the furthest thing from a lawyer.
 
Cud

Cud

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Gavinmad_sl said:
There are no legal means to get her out of the house. Even if she threatens violence against him or their kid, she'll just deny it if Tarrant calls the cops.
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Ex parte protection order, if available is a legal means to get her out of the house. Usually have to fear for the safety of yourself or others. It can even be emotional safety. My ex-wife actually used a phrase that I meant that I would take care of the kids if she left to tell the judge I was going to run off with them. The cops were only involved in serving the order. They had never been called to my house prior to that.

My only legal advise is to talk to your lawyer about it. Especially if you afraid for your safety or the safety of your kid.
 
Khane

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Cad_sl said:
I think you're missing an "unless" in there bro

So a party is exempted from liability... (i.e., recordings admissible).. UNLESS... criminal or tortious. So if the recordings are used for a criminal or tortious purpose, then they are inadmissible/illegal.
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Ok so I was reading it backwards, it sounded to me like the party who was being recorded was exempt? I still think I'm reading it right though, the person being recorded is exempt from liability, not the person doing the recording. Why would the person doing the recording be held liable?
 
Cad

Cad

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Khane_sl said:
His wife would have to be committing a criminal or tortious act. Though I suppose if while she was breaking his shit in front of him she was like "See that! I'm breaking your precious dice! Take that dice! That's the sound of me breaking his dice!" it would count but what would that have to do with a custody battle?
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You're reading that backwards, you can't be recording for criminal or tortious reasons. So you can't be using the recording for extortion (criminal) or invasion of privacy (tortious) or defamation of character (tortious) etc.

Divorce proceedings are covered under the absolute privilege to introduce evidence in court so even if your evidence did significantly defame her character if its court evidence introduced properly, it's privileged.
 
Tarrant

Tarrant

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I just talked to my lawyer, he said I can record but unless I get it on there that she's fine with it, only recordings after that fact can be used.

I'm not making excuses for anything, I've devoted my whole day today to this stuff so far. Also, I know my wife better than any of you, she has lucid moments where she's fine and nothing phases her and she's 100% reasonable. That's the moment I wait for and have been advised to wait for as long as it doesn't go too long.

It's going to be a few weeks before my place to move is ready anyway.
 
Gavinmad

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Tarrant_sl said:
I'm not making excuses for anything, I've devoted my whole day today to this stuff so far. Also, I know my wife better than any of you, she has lucid moments where she's fine and nothing phases her and she's 100% reasonable. That's the moment I wait for and have been advised to wait for as long as it doesn't go too long.
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and you're 100% positive that telling her that you're filing for divorce won't cause her to immediately crank the crazy back to 11?
 
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