LEGAL GUIDE
Written by attorney Brian Elliott Arnold | Jul 26, 2011

Recording Phone Calls in your Divorce - Utah

Can I record phone calls or statements made by my spouse without their knowledge?

YES

Utah Code § 77-23a-4 (Offenses — Criminal and civil — Lawful interception), Subsection (7) (b):

“A person not acting under color of law may intercept a wire, electronic, or oral communication if that person is a party to the communication . . . unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of state or federal laws."

Here you are not acting under the color of law because you are not pretending to be a police officer, you are simply being a spouse. These recordings can become important if custody of your children is an issue in your divorce. It also can be an issue if you are trying to catch your ex-spouse cohabiting with another individual. Either way, record the phone call or communication.

When it comes to custody of your children you need all the evidence that you can get in order to prove your side of your case. Recordings can help you present and prove your case to the judge.

Using Phone Calls can also be a good way to impeach your ex-spouse and show the judge you telling the truth.

Obviously this does not apply to all states. This applies to Utah. Please consult with an attorney and do not rely on this information as provided.

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