If you’re going through a marital dissolution, a lot of thoughts may be running through your head. You might consider recording phone calls with your soon-to-be ex, and in some cases, that could be a good thing to do. You don’t, however, want to get in trouble with the law because you recorded a call illegally. In the interest of keeping you out of jail, we’re pleased to present the following good advice about recording calls before, after and during your divorce.
Why record a call
Audio evidence provided by your spouse by way of call recording may be useful evidence, especially during a contentious divorce or child custody hearing. In certain cases, a recorded call may be precisely the “smoking gun” evidence a judge will use to rule in your favor. If your spouse knows about the recordings, you might be able to use them as leverage in an out-of-court settlement.
You need to know what you’re doing, however. Record a call the wrong way, and you could face legal trouble. Federal law prohibits “wiretapping” or recording voice calls or electronic messages without authorization, warns the law firm of Feldesman, Tucker, Leifer and Fidel. Wiretapping is the unlawful interception of a communication without the party knowing. Do it, and you could be in big trouble.
In “dual party” states, both parties must be aware that a call is being recorded. In single-party states, only one person needs to know about the recording. When calling from a single party authorization state to a state that requires two-party consent, both parties to the call are required to have knowledge that a recording device is being used. To stay on the safe side of the law, learn the laws in your region as well as the recording regulations in the state to which you intend to call and record.
One-person authorization states include Georgia, Indiana, Missouri, New Jersey and Ohio. Texas, Tennessee, and Virginia states also require that only one party knows a call is being recorded. Most states require dual-party consent, notes The Daily Dot. Again, we can’t stress enough the importance of understanding the law in your particular location.
The right way to record calls
Once you know the proper way to record calls, you’ll want an easy to use, lightweight recording app. Automatic Call Recorder for Me is just such an app. Built for Android, this call recorder app offers features that include automatic and manual recording, personal identification number (PIN) access, sharing capabilities and auto-sorting by contact name or date of a call.
Divorce is never a happy time for anyone. If you and your spouse have decided to call it quits, speak with an attorney and ask them if recording your spouse’s bad behavior might be of use to prove your side of the case.
Exercise caution when recording calls, and be sure to use a recording app that provides clear, easy to understand recordings.