Will audio evidence hold up in my divorce case?

Posted February 14th, 2014 by .

Categories: Family Law.

If January is considered the Month of Divorce, than February must be the Month of Love. On this lovely Valentine’s Day, we decided to bring up what happens when love goes away and becomes hatred. Let’s say you found out your spouse has been cheating on you but don’t have any hard-proof evidence. In an attempt to catch your spouse in the act, you are able to record a phone conversation your spouse had with his/her companion. Victory! Now there can be a divorce proceeding and get everything, right?

Well, no that’s not the way it happens. First, as we mentioned before adultery plays no part in your divorce. Although that may be the ultimate reason you and your spouse break up, it does not affect on how your assets and debts are divided. So the recording conversations you have will play no part in your case. However, you may have a bigger issue.

According to the New Jersey Wiretapping Law, it is a crime to record any telephone conversation unless you receive consent from one of the parties involved. So if you were the one who was making the phone call or you received consent from your spouse, then it’s perfect legal to record that conversation. However in the case above, you did not receive permission to record and you may be sue be either party involved in the conversation. So next time, you may consider hiring a private investigator to get evidence of your spouse’s wrongdoing.

Considering a divorce in your future? Contact Jersey City divorce lawyer Anthony Carbone today for a free consultation. We’ll help you through it. For more information on divorce and your rights, download our free e-book.


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