If 2 people are in the process of divorce, can one legally...

If 2 people are in the process of divorce, can one legally record phone calls and use it in court?

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Going through a divorce and I was told that my husband was recording cell calls between us and is going to try to use it in court. I had no knowledge of this. Can it be used or is that entrapment?


  1. Calls recorded without permission will be thrown out as evidence. It’s against the law to do that.

  2. As far as I know you can not use phone recordings as evidence against someone while going through a divorce.That’s here in Michigan,it may be different where you are.You had better see your lawyer about this one but I have a feeling that they will hold no merit in divorce court

  3. I guess different states could have different laws, but my understanding was that unless both parties were aware of the recording you can’t use it in court. You need legal permission to do anything like that.

  4. I always heard that only one of the parties involved in the conversation needed to be aware it was being recorded. So, I could record my calls with anyone else. But you, could not record my calls with other people. I thought (but could easily be wrong) that was the legality, but whether or not it is admissible is up to the judge and precedent. Either way, however, it’s not entrapment.

  5. Regardless of what everyone has just said, it depends on the State you are in. I live in Idaho and it CAN be used against you. You need to check with your police dept. Or even call an attorney, advice is FREE
    Just be careful, don’t let him get you rattled so you say the wrong things.

    Good Luck

  6. depends on what state.

    I believe here in Ohio, only ONE person has to know the conversation is being recorded.

  7. As another poster said, it depends on the state you are in. In others, the recording is only valid if he states he is recording this call.

  8. it does vary state by state. in any case I think you would have to have knowlegde of it being admitted to court, as any other document or evidence. he cant just pull it out perry mason style in the court room.


  9. It depends on what state you are in. In Ohio, only one part need to be aware that the recording is happening. However, unless he is recording you doing something that implicates you in doing something illegal — hiding assets, abusing your children, threatening to kill him, or something along those lines, it doesn’t matter. You can nasty and mean to him. The courts expect that. The fact that you two don’t get along is probably the reason for the divorce.

  10. Yes, depending on your specific state laws. In Missouri it is specifically legal, while in New Jersey it isn’t. For states where no law is specific, it relies on the US Supreme Court ruling that one party in a conversation must know they are being recorded, which is him. I’ve taught fathers for 20 years how to do this as well as video recording for violation of visitation rights.


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