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Greensboro Family Law Attorney’s Advice on Recording Calls/Interactions with your Ex

In Family by Greensboro Lawyer

Question:

Is it legal to record your ex during a heated exchange/conversation?

Answer:

This is a question our Greensboro Family Law Attorneys get on a weekly basis.  The answer is that it depends.  Generally speaking, North Carolina is a “one-party consent” state.  This means that as long as you are a party to the conversation, you can record it.  With that being said, there are certain exceptions to this general rule that you need to be careful to avoid. For example, you should stop recording in those places where an expectation of privacy (like your bathroom) exists.  Also consider where the other party is located – if in another state with different laws, you may run into problems.

Tips from your Greensboro Family Law Attorney:

  1. When going through a nasty divorce/separation, be careful what you say. Always keep in mind that your ex could be recording your conversation.
  2. Legally recording interactions can benefit you greatly in your case. This is especially true if you’re concerned your ex may attempt to argue in court that you did/said something during a conversation/interaction.
  3. Consider how recording interactions with your ex may impact your current and future relationship. Holding a phone up and announcing for all to see that you’re recording them can sometimes make an already contentious situation even messier.

Our Greensboro Family Law attorneys are ready to answer any questions you may have in relation to your separation, divorce, and child custody issues.