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Recording a phone conversation

Valhalla, NY |

Is it illegal to record a phone voice conversation?my wife and i and going through divorce and earlier she filed a restraining order,we have a 3 year old son . whenever i call her to talk to my son she use that against me, so someone recommended recording a voice. she lives in NY and I live in NJ. what are the laws ?

Attorney Answers 4


  1. So long as she is taping a conversation she is a party to, it is not illegal. Moreover, she does not even need to disclose that she's taping the conversation. That, said you may wish to double-check with a NJ criminal law attorney (as perhaps the laws are different in NJ). For a full assessment of the situation, you should schedule a consultation with a Westchester Divorce attorney.

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  2. NY is a one-party consent state. I suggest you post on Avvo's NJ section to see what its law is.

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  3. If the recording is done interstate, then it is a question of Federal wiretapping statute. Also a question of NJ law. Post under NJ section. Consult with your lawyer about the wording of your agreement regarding uninterrupted and unmonitored communication with your child.

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  4. Both NY (per the other lawyers) and NJ are one party consent states. Either party can record the conversation. The consent or knowledge of the non-recording party is not required.