In NC you can record telephone conversations as long as one party knows that it’s being recorded. If you have asked on the recording if you’re being recorded and the ex has lied then it’s possible the judge would not allow it to be used.

Go to RadioShack. Tell them you are going through a divorce and need a recorder for your phone. There are two different kinds. One is for home phone and does not even need a phone to work just the phone line. The other is for a cell phone…

I had a lawyer tell me it was inadmissible to record someone else without their permission, because he was telling me to record my hubby but then said I wouldn’t be able to use it unless he knew. Right or wrong?


It is legal in this state to record.

Radio Shack sells an earpiece you can wear in your ear while talking on the phone that goes right into a tape recorder and you can use it for both phones.

Taping of 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. The 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. I don’t think it matters if you ask them if they are recording you and they say they are not, but then bring the recordings up in court. It would still be admissable.

If both parties are within the state of NC then taping a conversation is admissible.

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 for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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.

If you are speaking on the phone with another person in another state, it depends on the laws governing that state.

This is an excellent source.


Yes you can tape, most states can, one party consent. My question can a custodial parent tape the calls between the other parent and children? This is being done by some parents, even when it’s just a normal conversation. Call me old fashion but someone to go to this extreme without cause is mentally unstable, they don’t want the non custodial parent in the kids life at all and are looking for anything to use against them. If a parent is doing harm and to prove to the courts then yes, you have to do this, but when nothing is going on and to continue to do this is a sickness. It shows that even when they have custody they can’t let go.

Ann: Sounds like that parent is just soooo bitter and you’re right…just can’t let go. It would be (in my opinion) a gross invasion of privacy between a child and his other parent. The taping parent is nosy and is using the children to satisfy his/her need to know. SO wrong.

When I was young, my parents divorced. EVERY time we came back from our time with him, I got grilled about what Dad said, did he talk about me, who did he talk to…etc. I hated being put in the middle, and to this day, I still have bad memories of this.

My husband had a recorder on his phone during his separation for conversations with his ex. It automatically records any activity on the phone line…you can hear him dial out and the other line ringing. So I’ll say this…it was automatic that conversations were recorded when the children were with us and their mother called. This part of the recordings were not admissable and are illegal to have. We erased them eventually but believe me, it was very difficult NOT to say something when we heard some of the things that she said to the children. There were only two occasions that things were brought to her attention but we told her that we overheard the children talking about it…not really a lie. Both times she told the children to do something that she knew would get them in trouble. She wanted to use what they did at our house in court to show what a terrible parent my husband was.

If you really want to know if it’s going on I suggest baiting them. Say something to the child that the other parent will not like and see what happens. I’m not suggesting that you lie or say anything bad against the other parent but think of something that will catch them. It is wrong and that parent needs to realize that the children love both parents and nothing the other says is going to change that…

Do I understand this correctly. You CAN taperecord a conversation without the other persons knowledge? That is crazy!! I ask every time I speak to my stbx if he is taping this conversation. I thought that would protect me. How can recording be used? He is accused of felony boldily injury to another person and he is taping me and can use it against me? I don’t understand why I wasn’t told by my lawyer to be aware of taping conversation and it is legal. Lots of words between us…I haven’t taped. Guess from here on I should. I will be getting something today. What is good that hooks to a cell phone. Any ideas