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Our divorce attorneys represent many clients during their high-conflict divorces, which are often due to asset division concerns or a bitter child custody battle. You may be surprised by the number of men whose wives freely admit to being vindictive during their divorce for no reason. 

For example, the wife may plan to allege that the husband was abusive or cheated in an attempt to affect the outcome of their case. These husbands want a way to show the wife’s true character, but they are unsure of whether they can actually record these conversations. We’ll even hear from wives who ask us, “My husband recorded our fights over child custody. Is this legal?” 

What Is Said Behind Closed Doors

We know that wives with high-conflict personalities, such as narcissists, are much more likely to put on a false persona in public while showing their truly vindictive side behind closed doors. This drastic shift in behavior may even cause their spouse to question their own reality. When it comes time to divorce, the wife really ramps up her behavior and plans to manipulate others to get her way. When she freely admits this to her husband, should he have the right to record the conversation and play it in court? New Jersey law says yes. 

NJ Law Allows Recording

New Jersey’s wiretapping and recording law is a “one-party consent” law. 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 consent.

If you are in another state, it is important to look into your state’s laws about recording conversations. In eleven states, all parties involved in the conversation must consent to be recorded. A family lawyer will be able to explain whether you can record conversations in your state. 

Is A Recording Considered Evidence?

So, you’ve recorded your wife saying she plans to lie about her income or accuse you of hurting the kids. Can you use this tape in court to reveal her true nature? If your recordings follow the rules for evidence, you may be able to use them as evidence in your case. Your best option is to speak to a NJ family law attorney to determine whether you can use the recordings. Even if you don’t bring the recordings to court, show them to your attorney so they can understand what your wife is planning and shut it down quickly. 

If you have a manipulative spouse who says one thing behind closed doors and another to judges and attorneys, you need a men’s and fathers’ rights lawyer in NJ to help you protect your rights during your divorce. The Micklin Law Group can help you determine the best way to stand up for the truth, even when your spouse tries to be dishonest. Contact our attorneys for assistance with your case. 


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