Recording a phone voice conversation

Asked over 1 year ago - Paterson, NJ

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 (1)

  1. John Arthur Daniels

    Contributor Level 14

    Answered . I hope it wasn't your attorney that made that recommendation. New Jersey is a "one party consent" state, meaning it becomes a criminal act to record a conversation with another party unless that other party gives his/her consent. New York is also a one party consent state. This means that you MUST get her consent if you wish to record a conversation that she is part of. That being said, she must get your consent if she ever records a conversation that both of you share.

    This is only an Avvo answer. I am not getting paid to give this response and am basing this response only on the... more

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