Can my wife use recordings of conversations taken in our home be used against me regarding custody of our child?

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Can my wife use recordings of conversations taken in our home be used against me regarding custody of our child?

I believe my wife is recoding arguments and wants to use them against me in a divorce.

Asked on November 12, 2018 under Family Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, WI is what is known as a "1 party consent state". This means that recordring a conversation is legal if at least 1 party to the conversation consents to its being recorded. Here, your wife has consented. As for its use in court proceedings, it may be allowed to be submitted as evidence.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, she can. The prohibitions against wiretapping or recording someone without a warrant or court order only apply against the government (e.g. the police or prosecutor); if a private citizen records you, especially for use in a civil lawsuit, that recording may be admitted to evidence and used.


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