In a divorce can a husband use information from his wife’s diary?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
In a divorce can a husband use information from his wife’s diary?
Asked on August 25, 2012 under Family Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no inherent legal bar against using the other spouse's diary. However, the diary might end up not being admissible. For example, it may be considered hearsay (the "words" of a person not made in court, under oath)--though there are ways around this (characterizing it as an admission against interest; using the diary to "impeach" contradictory testimony of the wife)--or under some circumstances, if the husband obtained it improperly, a court could deny admission to the diary on grounds it would be inequitable (or unfair). So the short answer is, while it's possible that the diary could come into evidence, it should not be counted on--and if the diary is likely to be a critical piece of evidence, the husband should get an attorney to represent him, to help make sure it can be used (or the wife should get an attorney to maximize the chance of keeping it out of court).
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
That may depend on how you intend to use the information and your state laws on privacy. Some states have held that the one whose diary it is holds a right to privacy of the information conained there in. That can obviously be subject to the particular facts of the situation. Do you wish to use it to prove say adultery? I would speak with an attorney in your area on the matter. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.