# Tapes

**URL:** <https://forum.rosen.com/t/tapes/2929>\
**Category:** Divorce and Separation Answers\
**Created:** [January 24, 2006, 2:42pm UTC](https://forum.rosen.com/t/tapes/2929 "2006-01-24T14:42:42Z")\
**Posts on this page:** 11\
**Page:** 1

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**Author:** ![dawn1](https://avatars.discourse-cdn.com/v4/letter/d/f04885/32.png) [@dawn1](https://forum.rosen.com/u/dawn1)\
**Post date:** [January 24, 2006, 2:42pm UTC](https://forum.rosen.com/t/tapes/2929/1 "2006-01-24T14:42:42Z")

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My current husband did this with his ex wife b/c she was being very nasty and then getting in front of the jugde telling lies until one day in court he pulled out the tape and the judge pretty much threw out everything she had just testifed to. My advise would YES do use if you can.[;)]

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**Author:** ![soccermom](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@soccermom](https://forum.rosen.com/u/soccermom)\
**Post date:** [January 24, 2006, 2:47pm UTC](https://forum.rosen.com/t/tapes/2929/2 "2006-01-24T14:47:32Z")

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thank you I just didn’t want to look too entrapping ya know?[8D]

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**Author:** ![Blackvipe](https://avatars.discourse-cdn.com/v4/letter/b/8baadc/32.png) [@Blackvipe](https://forum.rosen.com/u/Blackvipe)\
**Post date:** [January 30, 2006, 11:03am UTC](https://forum.rosen.com/t/tapes/2929/3 "2006-01-30T11:03:07Z")

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becarefull with this because if you record with out the other person knowlodege can be considered illegal. You have to tell the other person you are recording the conversation first.

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**Author:** ![soccermom](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@soccermom](https://forum.rosen.com/u/soccermom)\
**Post date:** [January 30, 2006, 1:03pm UTC](https://forum.rosen.com/t/tapes/2929/4 "2006-01-30T13:03:00Z")

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not from what I understand…I was told by an attorney that as long as it is a two party conversation (and I am one of the two parties) I don’t need his consent…Can an attorney clarify because I don’t want to be doing anything illegal!!!

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**Author:** ![almostdone](https://avatars.discourse-cdn.com/v4/letter/a/57b2e6/32.png) [@almostdone](https://forum.rosen.com/u/almostdone)\
**Post date:** [February 1, 2006, 5:11am UTC](https://forum.rosen.com/t/tapes/2929/5 "2006-02-01T05:11:07Z")

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You are right soccermom. As long as you are one party of the conversation. I used my tapes for court, and they were very useful. If he asks you if you are recording him and you say no, that is illegal. If he doesnt ask than you dont need to tell him. I hope that helped.

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**Author:** ![soccermom](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@soccermom](https://forum.rosen.com/u/soccermom)\
**Post date:** [February 1, 2006, 7:53am UTC](https://forum.rosen.com/t/tapes/2929/6 "2006-02-01T07:53:46Z")

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I was under the impression from an attorney that it doesn’t matter if he asks or not…oh well guess I have beenengaging in illegal activity[8D]

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**Author:** ![soccermom](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@soccermom](https://forum.rosen.com/u/soccermom)\
**Post date:** [February 2, 2006, 7:33pm UTC](https://forum.rosen.com/t/tapes/2929/7 "2006-02-02T19:33:40Z")

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could an attorney please let me know the guidelines for taping…I have been taping him because he tries to hold me in contempt for things I haven’t done and that he admits on tapes that i haven’t done…help please?

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**Author:** ![kblack03](https://avatars.discourse-cdn.com/v4/letter/k/e79b87/32.png) [@kblack03](https://forum.rosen.com/u/kblack03)\
**Post date:** [May 18, 2008, 3:21pm UTC](https://forum.rosen.com/t/tapes/2929/8 "2008-05-18T15:21:28Z")

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I have reason to believe my stbx taperecords our conversations. Every time I speak with him I say are you recording me. He says no everytime. Is it true he has to say yes and can’t be used if he didn’t. would love to know laws too

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**Author:** ![don5327](https://avatars.discourse-cdn.com/v4/letter/d/ed655f/32.png) [@don5327](https://forum.rosen.com/u/don5327)\
**Post date:** [May 20, 2008, 12:35pm UTC](https://forum.rosen.com/t/tapes/2929/9 "2008-05-20T12:35:01Z")

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Taping your spouse if you are party to the conversation is perfectly legal. Taping them on the phone, taping them in person surreptitiously does not matter so long as you are party to that conversation. Same goes for your spouse taping you. Period. It crucial point is that the party doing the recording is also party to the conversation. These recordings are completly admissible in court. Conversations are not a binding contract. They can bolster a written contract.

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**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\
**Post date:** [May 22, 2008, 8:54pm UTC](https://forum.rosen.com/t/tapes/2929/10 "2008-05-22T20:54:50Z")

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If the tapes are not recorded illegally then they can be used in court, the court will make a determination as to the weight they give the evidence presented and the tapes played before the court. If the tapes were recorded while both of you were in the state of North Carolina then they weren’t recorded illegally.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com/live](http://radio.rosen.com/live) for details

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Attorney with Rosen Law Firm

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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**Author:** ![soccermom](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@soccermom](https://forum.rosen.com/u/soccermom)\
**Post date:** [January 24, 2006, 2:21pm UTC](https://forum.rosen.com/t/tapes/2929/11 "2006-01-24T14:21:37Z")

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how effective are recorded phone/visitations conversations in court…does it not make it look like you are entrapping a person?
