In your divorce proceedings, you may cite fault grounds such as your soon-to-be former spouse being a perpetrator of domestic abuse or having an affair during your marriage. Or, you may be attempting to prove that they are hiding assets to receive better property division, spousal support, and child support outcomes. However, you may be stuck with your argument, and it may be your word against theirs. But you may know that your in-person or phone conversations with your spouse would help prove your point. Well, please continue reading to learn whether recorded conversations can be permitted in court and how an experienced Manhattan divorce attorney at Mark Wakim Law, can help you go about this lawfully.
What does it mean that New York is a one-party consent state?
Unique to most other states, New York is a one-party consent state. This means that only one party must consent to recording an in-person or phone conversation. Specifically, this is to say that you can record a conversation with your soon-to-be former spouse without their knowledge or permission.
Importantly, though, you must be involved in the conversation, and it cannot be one between your spouse and another third party. Also, this conversation cannot be acquired through wiretapping, as this practice is considered a violation of the law. So much so that it is classified as a Class E felony in New York, with repercussions including a fine of up to $500 and a prison sentence of up to four years.
For this reason, you must take abundant measures to assure the court of the authenticity of your recorded conversations. This requires you to submit original recordings that were not edited or tampered with, along with detailing their chain of custody.
Are recorded conversations permitted in a New York divorce court?
Given the one-party consent system, recorded conversations between you and your soon-to-be former spouse have the potential to be admissible in a New York divorce court. However, the court still holds the right to use its discretion in permitting it as evidence. This is usually if they do not find how the recorded conversation is relevant to the divorce-related issue at hand.
For example, in the past, your spouse may have directed emotionally-charged statements toward you, which you recorded. Even though this may be undeniable, it may not be at a level or enough proof to convince the court that they have a history of verbal or emotional abuse. Or, they may write it off as unrelated to any of the outstanding financial considerations in your case (i.e., property division, spousal support, and child support).
In conclusion, it is your job to provide different types of evidence (i.e., photos, videos, written communications, etc.) or otherwise more extensive recordings to give context and prove relevancy. If you desire more clarity before you head into these proceedings, please do not wait any longer to reach out to one of the skilled New York City matrimonial and family law attorneys. Retain the services of Mark Wakim Law, today.
