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Recording a conversation to hold up in court.

Potsdam, NY |

I live in the state if New York. When I go to meet my "wife" we are separated, I am working on a divorce, do I have to notify her that I am recording her in person or do I not have to? Or can I state in front of her on the tape that this conversation will be recorded. I intend to if anything comes up use it for court. Custody hearings.

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Filed under: Divorce Child custody
Attorney answers 3


New York is a one party consent state so if you are both in New York you don't have to tell her that you are recording the conversation and it should be admissible in court if relavent.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


You may use the recording in court as long as you are a party to the recorded conversation - with our without her consent. However, whatever is on the tape must be relevant to the custody hearing.

Also, don't ever record your children talking or get them to say anything about their mother. That will likely be turned against you rather well by any attorney who knows what they're doing.

Speak to an attorney about the matter in person if you want more particulars.

This answer does not form an attorney/client relationship with anyone and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.


No, you do not need to state that you are recording as long as you are are party to the conversation. You cannot record a conversation between your "wife" and someone else.

All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.