When going through a divorce, it is important to take care when communicating with your spouse. You do not want to say anything that could derail or harm your case.
Your spouse can choose to record your conversations, and depending on the circumstances, the courts may consider information from the recordings. Therefore, it is important to understand how the law applies to recording if you are divorcing.
One-party consent laws
States differ in how they treat recordings. For example, some states have two-party consent laws, which means both sides of a conversation must know about and agree to the recording. In these locations, courts cannot consider evidence from a recording obtained without the consent of both parties.
Other states, including New York, have one-party consent laws, which means only one person involved in the conversation needs to consent to the recording. Thus, your spouse can record a conversation with you without your knowledge or permission and use it to help them in your divorce.
Although New York has one-party consent laws regarding records, there are some limitations. For example, your spouse cannot secretly record a conversation between you and someone else. Furthermore, it is not legal for anyone to take voyeuristic recordings that involve nudity or sexual conduct. In addition, it is unlawful for the person you are divorcing to access your private online accounts to gain information about you without your consent. Finally, your spouse cannot use spyware to track your online activity or keystrokes.
During your divorce, you should remember that it is legal in New York for your spouse to record your interactions. Furthermore, your spouse’s legal representation can use these conversations against you.