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Matrimonial and Family Law Blog

Wednesday, August 22, 2018

Should You Record Those Private Conversations With Your Ex When Going Through a Divorce?

Going through a contentious divorce can be very difficult and emotionally draining, especially if your spouse tries to play tricks or use your children against you. Your spouse says one thing to you in private conversations, but tells the attorneys, mediator, and the judge a completely different story. Is there a way for you to document your private conversations so that your spouse cannot change his or her story?

Our New York family law lawyer can help you plan a strategy for protecting yourself and your children if your spouse is purposefully lying to cause trouble. In some cases, this may include recording conversations between you and your spouse during the divorce proceeding.

Is It Legal To Record A Conversation With Your Spouse Without Your Spouse’s Knowledge?

New York allows someone to record a telephone conversation with another person under the state’s “one-party consent” law. Under this law, if one person to the conversation consents to the telephone conversation being recorded, the act of recording the call is legal. In other words, if you are speaking to your spouse on the telephone and you record the conversation, your act of recording the conversation is your consent. You are not required by law to tell your spouse that you are recording the conversation.

Therefore, if your spouse often tells you that you may drop the children off two hours later, but then complains to the court that you are always late when dropping the children off, a recording of the original conversation could be very useful. Likewise, if your spouse is bragging that he just landed a very lucrative deal that will make him a lot of money, but that money is somehow left out of the financial disclosure, a recording could also be very useful in court.

Do I Need to Record Telephone Conversations with My Spouse During Our Divorce?

Whether or not you need to record telephone calls with your spouse during your divorce depends on many different variables. The above examples are only two simple examples of situations that might warrant recording telephone calls during a divorce.

However, each divorce case is different from all other divorce cases. The individuals and the issues involved are unique to the couple. If you believe you need to record your telephone conversations with your spouse, you should discuss the matter with your New York divorce attorney.

To ensure that the conversations would be admissible in court if needed, your attorney may give you additional instructions about how to record the conversation and preserve the recording. In some cases, the attorney may want you to provide the recordings to the attorney’s office to be transcribed and protected in case the actual recordings are needed in court.

A New York Divorce Attorney Can Help

If you have questions about your divorce action or you need a divorce attorney, contact Gassman Baiamonte Gruner, P.C. to speak with a New York family law lawyer today. We want to help you achieve the best possible outcome in your situation so that you can move forward after a divorce.


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