Is it safe in California to post an audio recording of your wife admitting she cheated.

Gecks_more · 2023-09-22T15:42:56+00:00

Cali is a two party consent for recordings so.

Old-Macaroon8148 · 2023-09-22T16:23:50+00:00

What’s the point? Her side, meaning her family and friends are going to support her no-matter what. That’s a battle that’s impossible to win.

I get wanting justice. Play the long game, improve yourself and be better than the guy she was screwing around with. Let fate deal with her.

cschoonmaker · 2023-09-22T16:13:01+00:00

What is the endgame here? Are you just trying to hurt her by embarrassing her? Are you willing to pay the price when she files a Libel/Defamation case against you? Since CA is a "No Fault" divorce state your recording is useless in Family Court. They won't care or probably even listen to it. California is also a 2 party consent state so unless you had her permission to record the conversation it would be inadmissible anyway. So again, this begs the question...what's your endgame here by doing this?

pk2at · 2023-09-22T16:05:17+00:00

Just wait till divorce is complete, then post it

techrmd3 · 2023-09-22T15:46:49+00:00

NO NEVER SAFE

you are dealing with multiple federal, state and other laws many are NOT tested in the courts with guiding precedents

Any lawyer could not possibly tell you your legal liability across all law categories in this instance. DO NOT DO THIS.

Give any recordings to your attorney, and delete them from your devices. Follow legal advice even if it is to delete said hypothetical recording and forget it existed.

CaliDude75 · 2023-09-22T18:10:42+00:00

No, no, no. It’s one thing to share it with your divorce attorney, it’s a whole other thing to post it publicly. Other than petty revenge, and the fleeting satisfaction you may get, no good can come from this. I would advise against it.

chestpubesandballfro · 2023-09-22T21:03:57+00:00

Go old school with revenge, just write her number on a truck stop bathroom wall.

For a good time call 867.5309, ask for Jenny✌🏻

cactuscharlie · 2023-09-22T18:35:33+00:00

Don't do it. The goal if humiliating her for revenge is obvious and will simply backfire. Her friends and family won't care. The recording is indeed illegal and it might help with your lawyer but nothing else.

Salty-Rutabaga-3329 · 2023-09-22T16:47:45+00:00

I'd go totally silent. There's nothing to win in the court of public opinion.

soontobesolo · 2023-09-22T16:32:56+00:00

It may well be legal, at least if the recording wasn't done in secret. But it may not play well for a judge.

Brilliant-Tomorrow55 · 2023-09-22T15:06:32+00:00

Yes, probably. Remove it now and apologize.

ItDoBeWhatItDoes · 2023-09-22T17:14:57+00:00

OP - in California both parties must be aware they are being recorded. For the recording to be legal and for you to use it legally, you must have unturned the other party they are being recorded in other words. The expectation of confidentiality is serious business!

“In California, all parties to any confidential conversation must give their consent to be recorded. For calls occurring over cellular or cordless phones, all parties must consent before a person can record, regardless of confidentiality. Both civil and criminal penalties are available to victims of illegal recordings.”

dnbndnb · 2023-09-22T18:29:10+00:00

Don’t bother posting it. Just keep it. If there are kids involved and she turns them against you, play it for them one day when they get older.

Responsible_Echo_887 · 2023-09-22T23:57:40+00:00

Thanks everyone for the responses. Much appreciated.

Gloomy_Discipline105 · 2023-09-22T17:29:13+00:00

“two-party consent” Look into that aswell when it comes to California.

FUMoney · 2023-09-22T17:36:37+00:00

The only way to properly do this: allege it in court documents. It is going to be irrelevant, but just put it in there anyway.

Don’t use stupid Fakebook and Instafail to litigate your divorce. This will backfire spectacularly.

jkw118 · 2023-09-22T17:48:02+00:00

So first off in court she could come after you for invasion of privacy.. and a bunch of other stuff.. For the divorce it doesn't matter at all. If anything it could harm your case. For revenge etc, she could sue you. Unless she put it online, ie my ex posted it on Facebook.. her with the guy.. kissing.. Didn't make a difference, she even deleted the pic later and told her family that I cheated on her... so their is no morality here

henrysmyagent · 2023-09-22T18:00:09+00:00

This is a situation where having proof is more important than showing proof.

You can make an FB post stating that you have absolute proof of your wife's infidelity. Just do not include the recording.

The important thing is you know the truth and now you have told everyone else the truth.

Broom this garbage human out of you life, posthaste.

TreetopTarantula · 2023-09-22T21:52:19+00:00

As long as she knows it was being recorded.

hazalo9 · 2023-09-22T22:17:53+00:00

Don't do it. It's illegal to record someone without them knowing. You're also just gonna piss her off and make the divorce more difficult cause she will be emotionally angry against you. Don't get into her emotional war. Best way to beat her and maybe even get her back is to tell her you are done with her and go no contact. Do keep the recording in case she starts saying the break up is your fault. Show it to anyone she told.

ciscokid12345 · 2023-09-22T22:54:20+00:00

What’s the point? The court doesn’t care if she was on the street hooking. CA is a no fault state.

I had a police report stating that my ex was driving drunk with the kids and they still gave her 50% custody. she also refused to take a drug test ordered by the court.

Go get an attorney and get ready to pay them $50,000+ if you’re looking to get into a two or three year “he said / she said” court battle. mine cost $110,000 for the two of us and took 2 years.

just give her half of everything and take the W

Thebadmamajama · 2023-09-23T01:08:45+00:00

It's a no fault state, and recordings without consent are illegal... unless violence is involved, then the court may allow it side you're protecting yourself.

Consult a lawyer. I don't think this recording helps you in any way re law and divorce outcomes.

Feelalonedepressed · 2023-09-23T01:24:59+00:00

California is a no fault state so this isn’t going to help your case and it’s also illegal to record someone without their knowledge. So, no. It’s not safe to post.

Certain-Line-6351 · 2023-09-23T04:09:25+00:00

I get you want revenge and to tarnish her image but, people aren’t stupid we can smell that relashionship was an affair.

An remember she’ll lose him the exact way she found him.

Responsible-Equal-92 · 2023-09-23T05:13:46+00:00

Make a secret email and send the recording to it just in case

ElBernando · 2023-09-23T14:58:16+00:00

Not worth it. You are at a morally higher ground, and deep down, she knows it. That will really play well in your favor if you try and keep it civil and work out what’s best for both of you. Divorce is a long game.

ramad84 · 2023-09-24T13:13:53+00:00

hurting your ex is not the same thing as benefiting yourself

focus on improving your own position - pretend as if she doesnt exist

Hsoltow · 2023-09-25T05:32:00+00:00

No, and it's possibly a felony. As well as another felony to post it online. This is specifically outlined in penal code 650 and it's other sections.

There are few exceptions, one for example pursuant to restraining order (protected party is nearly always given the right to record... huge reason why you should try to get one).

Another is if domestic violence is going on.

Another is annoying phone calls... read up on 653m penal code.

Background-Layer9357 · 2023-10-07T23:31:54+00:00

How did it go when you posted it. How did her family react?

Title	Is it safe in California to post an audio recording of your wife admitting she cheated.
Author	Responsible_Echo_887
Upvotes	24
Comments	37
Date	September 22, 2023 2:51 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/16pcci6/is_it_safe_in_california_to_post_an_audio/
Archive Link	https://theredarchive.com/r/Divorce_Men/is-it-safe-in-california-to-post-an-audio.1232671 https://theredarchive.com/post/1232671

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