In many case, it appears to be he said or she said in determining who is telling the truth in regards to marital issues. Is it legal to record a telephone conversation without the other party being aware of the recording in order to be able to substantiate claims made in marital disputes?
North Carolina is a one party consent state. This means that phone calls can be recorded so long as one party to the call consents. You may record calls between you and your spouse and they are admissible in court since you yourself consent to the recording. You may not record calls that you are not a party to.
If I ask my spouse if she is recording and she says no, then is the recording still admissable?