News & Blog

Is It Legal to Record Conversations with My Ex-Spouse?

BACK

JobPerformance TPMThe state of Colorado is what is known as a “one-party consent state.” What this means is that it is totally legal to record a telephone conversation as long as one party involved in the conversation consents to the recording. Only one person has to know that a recording is being made ”“ and that person can be the one doing the recording.

The implications in a divorce case are vast. It means that you can record your communications with your ex and use them in court as evidence.

This does not always apply; for example, when one party moves to another state, recording without consent might be illegal. Not every state is a one-party consent state. There are about a dozen states where all parties must be aware of the recording for it to be legal. If your spouse is in an all-party consent state, recording him or her without consent is breaking the law, even if you are doing it from a one-party state like Colorado. You could be found guilty of committing a crime, leading to fees and possibly jail time. And because the recordings were obtained illegally, you also would not be able to use them in court as evidence in your divorce case.

Can I Record My Spouse Talking to the Kids?

If your child is talking to your ex over the phone, then you are not a party to the conversation and you cannot give consent. Thus, the recordings are not legal. In situations like this, always make sure to inform your ex that a recording is taking place.

If you are having trouble with your divorce, a family law attorney could help you through the process. Listen to founding partner Doug Thomas explain how an attorney can help:

Divorce Matters ”“ Denver Family Law Attorneys