Legal Question in Family Law in New York

Rerording

Hi,

My wife cheated on me. I started recording all her phone conversations with her lover and friends.I have quite a collection! We are in devorce process now. Can the recordings be used legally in court when we gonna have a trial?Can they be used at all in a divorce process? Is it legal to record your own wife???

Thank you.


Asked on 10/11/07, 7:27 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Recording

First I am sorry your spouse has cheated on you and engendered your mistrust. Nevertheless, you have broken the law.

It is illegal to record a conversation in which you are not a party. With that said, I know of no prosecution for recording one's own minor child. Spouses on the other hand may be entirely different. You should speak to your divorce lawyer about that. Be careful, your wife is not the only person who can maintain a lawsuit against you. Her Boyfriend and other friends and family have had their privacy breeched by you as well. I would speak to a lawyer who is familiar with the criminal code as well as the divorce codes.

If you do not have a lawyer for your divorce, I strongly urge you to have one. If you want to speak to a criminal lawyer, you may contact me by following the links below.

Good Luck

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Answered on 10/11/07, 11:31 pm


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