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Are Secretly Recorded Conversations Admissible During a Divorce in New Jersey?

Brad Micklin-Are Secretly Recorded Conversations Admissible During a Divorce in New Jersey?

We know that narcissists and wives with high-conflict personalities often put on a false persona in public while showing their spiteful side behind closed doors. During New Jersey divorce proceedings, many men worry that their wife may use this same tactic to get the judge on her side. When looking for a way to counteract this inauthentic behavior, many men wonder whether they can secretly record their spouse in private and use the recording as evidence in their divorce case. Here’s more on New Jersey consent laws for recording audio and video.

NJ Recording Consent Laws

New Jersey is a one-party consent state when it comes to wiretapping and recording. This means that only one spouse needs to be aware of the recording in order for it to be captured legally. The same rules apply to Facetime and other video calls – you can screen record a conversation about divorce or custody without the other person’s knowledge. However, always speak to a family lawyer for men in NJ to be sure you understand the law before you do anything that has the potential to jeopardize your case. This is especially important if you or your spouse now lives in another state, since some require consent from both parties before the conversation is recorded. 

Can Recordings Be Used As Evidence?

If you’ve successfully recorded your wife during a private conversation, you may have a confession that she plans to lie in court, turn your kids against you, or be abusive toward you if you file for divorce. What can you actually do with this recording and the information you’ve collected? Can you show it to a judge to expose your wife for what she really is?

Assuming you’ve collected the recordings legally and they fit the criteria for acceptable evidence, you may be able to use them in your case. Make sure to speak with your divorce lawyer for men about what can actually be done with the tapes. If you have not followed the laws about recording conversations, the last thing you want to do is illustrate that in court!

If your attorney doesn’t believe your recordings should be used as evidence, you can still use them to show your attorney exactly what your wife is planning. This will make it easier for your lawyer to spot her tactics and counteract this approach during negotiations or in court. 

Does your spouse constantly threaten to take your kids away or make your life hell after your divorce? The Micklin Law Group’s divorce attorneys for men in New Jersey can help you determine whether you should record these confessions, possibly to use them as evidence in court. Contact our team to get started on your case.

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