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Stop and Look Before You Listen!
One of the areas in which criminal and matrimonial law collide is in wiretap and eavesdropping laws. Not only are many matrimonial laws state-specific as to statute and judicial interpretation, but the various wiretap and eavesdropping laws throughout the nation are similarly disjointed. For example, while most states and the federal statute do not require the consent of all parties to a conversation, there is still a minority of approximately 12 states that do require all parties to consent. Add to that the constantly changing technology regarding communications, as well as differing definitions as to what constitutes a communication, and the confusion is multiplied.
Virtually all states have some sort of statute involving criminal penalties, as well as possible civil penalties. There is also a question of whether an illegal act is admissible in matrimonial cases. Generally it would seem that if something is obtained in violation of the state's wiretap laws, it would be inadmissible. But this is not always the case. Resorting to your particular state laws is essential. Updating that research is equally essential.
This article does not analyze all ' or even most ' of the states' laws, but focuses on some of the larger states and discusses certain controversial areas.
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