Regarding divorce cases, is it possible for another side to claim incoming phone conversations were made without recorded proof?

Asked over 1 year ago - New York, NY

I feel that claiming things were said without recorded evidence would lead to a "he said she said" type situation. Especially when the call was never made from a known number, but rather a "blocked number." How could one be sure someone even made the call instead of the other side fabricating evidence? Would one's sworn testimony to the content be enough? What if the other side lied? It's scary that someone can lie about a fake phone conversation and have it admitted into evidence.

Attorney answers (4)

  1. Pieter G. Weinrieb

    Contributor Level 9

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    Lawyers agree

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    Answered . They could always make the claim, and they may be able to introduce a phone record of a call being placed or received. However, the details of the conversation would be subject to evidentiary rules and if the Judge allowed testimony as to the conversation, the Judge would independently weigh the veracity (truthfulness) of the parties during testimony.

  2. Jeffrey B. Peltz

    Pro

    Contributor Level 15

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    Lawyers agree

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    Answered . I doubt that this would be allowed, unless there was proof. You should consult with an attorney to discuss your situation.

  3. Rixon Charles Rafter III

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Likely the judge would not admit the evidence. I would NOT start worrying about every little thing your ex threatens to blurt something out in court.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  4. Marco Caviglia

    Contributor Level 19

    Answered . Beware. If the telephone call originated from over a state line, your recording it is probably a felony.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more

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