If your marriage has reached the point where you have decided to pursue a divorce, you’ve probably experienced many strong emotions leading up to that decision. This is true even in the best of circumstances. Divorce is a significant life change, and it makes sense that it is emotional. This can be even more true, however, if you know or suspect that your spouse has been engaging in hurtful behavior behind your back.
Regardless of whether it’s an affair, some sort of hidden addiction, or another issue, when you feel suspicious, it can be tempting to want to try to gather evidence or catch your spouse in the act. Certainly, that desire is understandable. No one wants to feel betrayed – least of all by the person to whom they are married.
If you find yourself in this situation, you should know that there are ways to gather evidence for a divorce case that are within the bounds of the law and other behaviors that are specifically disallowed – and which could carry significant legal consequences.
State-Specific Laws
It’s important to understand that when it comes to recording phone conversations, different states have different laws. If you and your spouse are already separated, and your spouse lives in a different state, then in addition to knowing the law in North Carolina, you should also know and abide by the law in the state where your spouse lives.
North Carolina itself is a one-party consent state. This means that it is generally legal to record a phone conversation you are a part of, because you are the necessary party providing consent. It is important to understand, however, that this applies only to conversations you are actually a part of. It is illegal to record a conversation between two people other than yourself unless you specifically obtain their consent before doing so. Additionally, any time phone calls cross state lines, the laws of another state may apply, so it is important to be very cautious about recording in those situations as well.
What Are the Consequences for Illegally Recording a Conversation?
This is a very important question, and understanding the consequences of this behavior is essential to protect yourself from potentially severe consequences. In North Carolina, illegally recording phone conversations can result in both criminal and civil penalties.
Concerning criminal law, North Carolina General Statute 15A-287 makes recording conversations without necessary consent a Class H felony. Penalties for violating this law can include fines, imprisonment, or both.
In addition to criminal penalties, those who illegally record conversations may also face civil penalties. Those who pursue a civil case under either federal or state wiretapping and violation of privacy laws may receive an award of damages that can vary in amount, depending upon the severity of the violation and the findings of the court.
In addition to the civil and criminal penalties that may apply for engaging in a legal recording of phone conversations, it is also important to understand that obtaining those conversations will likely be of no benefit to you in any event. If the phone conversations are recorded illegally, the court will likely not admit those conversations into evidence, and you will not be able to use them in support of your case.
Other Options to Consider
As we have discussed, in North Carolina, it is technically legal for one parent to record a conversation with the other parent, provided that both are in North Carolina and the recording parent is a party to the conversation. Even though doing so is legal, it’s worth noting that recording your spouse without their knowledge may not always serve to foster positive feelings.
While it’s normal to want to obtain evidence, especially if you feel you have been lied to or betrayed, it’s also important to understand that in the long run, especially if you have children, you will be required to coparent and communicate with your ex-spouse fairly frequently. As a result, instead of recording conversations without their knowledge, it may, in the long run, be better to use apps specifically designed to facilitate communication between parents.
Call the Law Office of Dustin McCrary Today
At the Law Office of Dustin McCrary, we know that deciding to divorce isn’t easy. We also know that, even when you know the decision is the best choice for your family and your future, you may still feel slightly overwhelmed and worried about the journey ahead. After all, the law can seem complicated and confusing – and, understandably, you want to try to do all you can to protect your rights and find solutions to your issues that work best for your entire family.
The good news is that you don’t have to worry about making this journey alone. We’ll meet you wherever you are and walk with you toward a better chapter ahead. We know and understand every aspect of the law pertaining to divorce, and we are passionate about helping our clients find the best solutions for their family and their future. If you’re ready to take the first step today, give us a call. We look forward to speaking with you soon.