Can I record my conversations with my ex?

Couples who have decided to end the marriage typically get into very upsetting arguments and fights. Two people, who no longer get along, are now tasked with deciding a new custody arrangement for their children, child support payments, and how to split the property they worked so hard to buy.

If you believe these discussions will help you in court, and your attorney advises you to do so, you may record these discussions since you know it is being recorded. In most states, including North Carolina, at least one person must know that the conversation is being recorded and consent to that recording.*

However, you cannot record conversations of which you are not engaged. So, if your ex is talking to his new girlfriend or the children, you cannot record those conversations as it would be considered unlawful wire-tapping.*

For a list of the states that permit one-party recording check the Justia website.

*See 18 U.S.C. § 2511, N.C. Gen. Stat. § 15A-287 and § 15A-296