Whether or not your husbands tapes or you on the phone are admissible as evidence turns at least partly on facts not included in your post. Federal law permits recording of phone calls or face to face conversations where at least one person involved knows about the recording (See 18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited).
Many states have passed what are called 'one party consent' laws--meaning so long as one party in the conversation is a party to the conversation, its okay to record and not get the consent of the other party.
All the online sources I have seen indicate that your state is a one party consent state (I am NOT a MS attorney and do not know your state's laws). If your state is a one party consent state, your husband would have had to have been a party to the conversation in order for the tapes to even be considered admissible. Whether or not the judge will allow tapes as evidence is another matter entirely. Hopefully you have a family law lawyer, and your lawyer will know how to handle the issue of the tapes.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
If one party on the recording knew of the recording then there is no violation. If he was taping you and other there may be an issue and certainly their would be issues about admitting such items to evidence. Since you are involved in a divorce, please seek counsel
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline