Husband Seeks Divorce Over On-Line Affair
Information Provided by 'Lectric Law Library's stacks
Line
February 2, 1996 
 
BRIDGEWATER, New Jersey (AP) -- A man filing for divorce accused his 
wife of carrying on a "virtual" affair via computer with a cybersex 
partner who called himself "The Weasel." 
 
Diane Goydan's relationship with the man apparently never was 
consummated, but her husband, John Goydan of Bridgewater, claimed the 
pair had planned a real tryst this weekend at a New Hampshire bed and 
breakfast. 
 
Goydan filed divorce papers January 23 that included dozens of e-mail 
exchanges -- some sexually explicit -- between his wife and a married 
man she met on America Online. The man, whose on-line name was The 
Weasel, was identified in court papers only as Ray from North Carolina. 
 
In a November 23 message, The Weasel wrote: "I gotta tell you that I am 
one happy guy now and so much at peace again anticipating us. I love you 
dearly. XXOOXX." 
 
Goydan is now seeking custody of the couple's two children, ages 3 and 
7. 
 
Goydan's lawyer, Richard Hurley, said Mrs. Goydan apparently believed 
the e-mail messages could not be retrieved, but her husband was able to 
pull them off the computer and store them on a disk. 
 
That raises some privacy concerns, such as what rights spouses have to 
each other's communications, said David Banisar, spokesman for the 
Electronic Privacy Information Center in Washington. 
 
"If it's a shared computer, then the spouse has equal rights to get on 
it and share what's on it," Banisar said. 
 
But if the husband gained access to her e-mail on line, that could 
violate her privacy rights, similar to a husband tapping his wife's 
telephone. 
 
"It's still pretty undefined in the law," Banisar said. 
 
The divorce papers do not say exactly how Goydan retrieved the messages. 
Goydan began saving his wife's e-mail every day after surprising her as 
she was printing out something on the computer when he came home from 
work early. 
 
When Goydan later switched on the computer, it told him there was 
something waiting to be printed, and he discovered a message to his wife 
from The Weasel. 
 
The lawsuit claims Mrs. Goydan promised that day to end  [Internet 
Affair] the relationship but later that night sent The Weasel a message 
that they had been caught. 
 
Weeks later, she messaged: "I just have to learn to be more careful. ... 
I want so badly to be with you that I am willing to chance it." 
 
Reached by telephone at home Wednesday, Mrs. Goydan said, "You're 
kidding me" and hung up. 
 
-----
Brought to you by - The 'Lectric Law Library
The Net's Finest Legal Resource For Legal Pros & Laypeople Alike.

Back to Internet Page