This is where is gets complicated, the couple is in the middle of a divorce, not yet finalized and the husband refuses to change his mailing address. Since the divorce is still not final is this considered "community property" since it was received at the marital address? My ex husband is in serious arrears for child support and I am expecting a letter from an attorneys office in regards to the foreclosure of our marital home, I opened this thinking it was a document I needed to sign for the mortgage company, but it is in relation to a settlement for wrongful death of his grandfather, on which both he and our children are named as heirs. I would like to give my attorney/friend of the court this information, but am hoping since he won't change his address I will not be facing any charges for my error...any ideas?
2006-09-03 16:41:01 · 7 answers · asked by crankensteinsmom 1 in Politics & Government ➔ Law & Ethics
The law only provides for intercepting or causing interception of mail in transit (pre-delivery). Once the mail has been delivered to it's proper address, there are no laws regulating WHO can open and read said mail
2006-09-03 17:10:20 · answer #1 · answered by Jeffrey F 6 · 0⤊ 0⤋
To be safe just tell your lawyer because the mail is still being sent to your address, its not like you went to his new location and broke in and then opened his mail. It was a mistake but it shares vital info so it would be a good thing to tell. Hope everything works out.
2006-09-03 16:47:33 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If your children are heirs to the settlement, and you have custody of the children, then you have every right to open it. If he doesn't want you opening his mail then he should change the address. It takes about 5 minutes.
2006-09-03 16:59:09 · answer #3 · answered by K S 2 · 0⤊ 0⤋
Let your husband know that you opened the letter by accident.
But before you do this, xerox the letter and keep it in a safe
place. But not at home he might find it. You have to look out
for #1. YOU.
2006-09-03 16:49:59 · answer #4 · answered by saint5nina 2 · 0⤊ 0⤋
Technically, it's a felony to open any mail that isn't addressed specifically to you. I would talk to your attorney about its use privately and off the record before you use it as evidence in any case to clarify the laws on it.
2006-09-03 16:47:15 · answer #5 · answered by Meredia 4 · 0⤊ 1⤋
you opened it by mistake. your word against his. and if you did not destroy the envelope put it back in and glue it shut with a glue stick. No harm No fowl
2006-09-03 16:47:38 · answer #6 · answered by georgia_102560 3 · 0⤊ 0⤋
Somehow tell your husband you've seen this letter, but also tell your lawyer.
2006-09-03 16:44:27 · answer #7 · answered by *babydoll* 6 · 0⤊ 0⤋