Question:

I have phone records proving my wife has been having an affair for some time. First, can phone records be brought into a divorce case? And does an affair by the other party make any difference in a divorce in terms of custody or potential alimony payments?

Answer:

I must preface my answer that I do not practice in Nebraska.  However, Cordell & Cordell has many attorneys licensed and located in Nebraska who would be happy to help you.  Each state has different laws governing dissolution of marriage.  It is important that you contact a domestic litigation attorney licensed in Nebraska prior to taking any action.

In most states phone records may be introduced in litigation.  However, you should consult the Nebraska Rules of Evidence to verify.  Typically, phone records may be introduced if subpoenaed from the phone company and verified by a company representative that the records are compiled in the course of business and are the true and accurate records.  You cannot just present a copy of what you have in your possession.  The records must be provided by the phone company.

Secondly, in most jurisdictions marital misconduct will be a factor that a judge considers in determining custody and financial support.  It is not a determinative factor, but it could be one that works in your favor.

Steven “Lee” Akins, Jr. is a Staff Attorney in the Memphis, Tennessee office of Cordell & Cordell, P.C. Mr. Akins practices exclusively in the area of domestic relations. He received his BBA in Finance from Southern Methodist University and continued his education to receive his Juris Doctor from Texas Wesleyan University.