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Birmingham Divorce Lawyer > Blog > Divorce > Can You Secretly Record Phone Calls To Show Your Spouse’s True Colors To The Divorce Court?

Can You Secretly Record Phone Calls To Show Your Spouse’s True Colors To The Divorce Court?


One of the most frustrating parts of divorce is when your spouse plays innocent in front of the judge and pretends to be the perfect spouse and parent, trying to convince the judge that you are the one who ruined your marriage single-handedly and that all the problems your children have had before or after the divorce filing are your fault.  If only the judge could see the sides of your spouse that you saw and the behaviors that led to your divorce.  Don’t you wish that you could let the judge hear with her own ears the times your spouse belittles you in front of your children, flirted with other guys in your presence to make you jealous, and said things that prove that the things she said in court were lies?  It is easier to do this in Alabama than it is in some other states, but proceed with caution.  A Birmingham divorce lawyer can help you prove to the court that you are telling the truth and your spouse is lying, with or without resorting to secretly recording phone conversations.

Alabama’s One-Party Consent Law Regarding Recordings

Alabama is a one-party consent state, which means that it is legal to record phone conversations and in person conversations as long as one participant in the conversation consents to the recording.  This means that it is legal to press record on your phone when your spouse starts shouting at you and to record phone conversations with your spouse if you think that these conversations will show your spouse lying or being abusive.

It is only legal to record your spouse’s conversations with you, or any other conversation in which you are a participant.  For example, you can record your conversation with your daughter when she is telling you how upset she is that Mom’s boyfriend spent the night at the house when your daughter was present.  You cannot, however, record your daughter’s conversation with your son about how they feel more relaxed at your house than they do at your ex’s house.

You might think that recording your lying, belligerent ex in action is a slam dunk, but this strategy can backfire.  If your spouse is accusing you of domestic violence or alleging that your controlling behavior caused the breakdown of the marriage, then the fact that you have been recording your conversations with your ex can make you look controlling even more than it makes your spouse look dishonest or emotionally unstable.  A better strategy is to let the witnesses and the financial documents speak for themselves; your lawyer can help you arrange these into a narrative as compelling as any secretly recorded conversation.

Contact Peeples Law About Alternatives to Secret Recordings

A Birmingham family law attorney can help you reveal the truth about your spouse’s dishonest behavior without doing anything as sneaky as recording phone conversations.  Contact Peeples Law today to schedule a consultation.



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