Can my spouse record our phone calls to use in our divorce?

During a divorce, it can be tempting to do things you normally wouldn’t to try and “win.” For instance, you or your soon-to-be ex may hatch a plan to get the other person to say incriminating things on the phone, record them and use that in court.

However, this is typically unwise, as recording phone calls without everyone’s consent is illegal in Connecticut.

So my ex can’t record conversations?

Generally speaking, no. Your ex cannot record your phone calls unless you consent. If they inform you that they will record your calls, it can be wise to hang up and consider communicating in writing or through your attorneys.

That said, the Reporters Committee for Freedom of the Press notes that in Connecticut, someone can record in-person conversations without the other person’s consent. So, if you are going to talk to your ex face-to-face, be mindful that they could be recording what you say.

Watching what you say and where you say it

Between the heated exchanges and painful emotions associated with divorce, it is easy for people to say things they shouldn’t.

Even though your ex cannot legally record your phone calls without your knowledge, they are still myriad ways they can use communications against you. They can compile statements you make online, like on social media, and record in-person exchanges to use against you in court.

With this in mind, watching what you say to and about your ex during a divorce is crucial. Imagine everything you say or write being read aloud in court out of context.

To avoid this, keep exchanges brief and polite. If you must talk about the divorce, communicate through your lawyers. And if you do chat online or on the phone, choose your words carefully.

Protecting yourself during divorce

Depending on your split, you or your ex may be trying very hard to cast each other in the worst light possible. However, resorting to breaking the law is counterproductive and can expose a person to civil and criminal penalties.

Instead, it is typically best to work within the confines of the law and focus on finding resolutions as fairly and peacefully as possible.