Divorce: Why You Can’t Afford This Mistake

Some of you are questioning the possibility of recording conversations that can be used in divorce court or for custody issues.

You must check the laws that pertain in your state and you should obtain legal advice before you consider anything. Basically federal law allows the recording of a phone call with the consent of at least one party. Most states have adopted varying laws that compare to the the legality of wire tapping based on the federal law.

Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party. They do not have to advise the other person that they are recording. These laws are referred to as “one-party consent” statutes. This means that if you are a party to the conversation, it might be okay to record it.

California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington require the consent of all parties to the conversation to allow taping.

Almost all states consider it illegal to tape conversations when you are not an involved party. In most cases, it is illegal to disclose the contents of an illegal taping of a conversation.

If you record a conversation illegally, you can be prosecuted criminally and civilly. Before recording anything, you must get legal advice from your state. Laws change and you need to be up to date with what your state deems as illegal recording.

As an example, a Nebraska mom and grandfather put a recording device in her little girl’s teddy bear. The recordings were considered to violate the privacy of numerous people and each was awarded $10,000.00. They violated the Nebraska Telecommunications Consumer Privacy Protection Act and therefore the recordings were obtained illegally

The mom and grandfather had to fork over a combined amount of $120,000.00.

Please check with an attorney before you consider doing anything like this.

Photo: falcon 1961