Can My Spouse Use Recorded Conversations and Messages in Court?

April 12, 2018  |  Elizabeth A. Schading

When you are going through a divorce from your spouse, it can be a long and drawn out process, as well as distressing for everyone involved. Unfortunately, some marriages can break down and turn nasty in proceedings, especially if there has been infidelity or disagreement over assets. This means that the other spouse may turn to different forms of evidence to prove their point and things can get heated.

One of the common questions that arises in divorce proceedings is whether recorded conversations and messages can be used in court against the other person. In the modern and digital age, we leave an electronic trail where everything we say is collected and cannot easily disappear. This means that spouses want to use social media posts, text messages and audio clips against the other party in a divorce as evidence. So, the question is; is my spouse allowed to use these recorded media and messages against me?
Under federal law, wiretapping is illegal. This is when you secretly monitor someone’s phone call and eavesdrop on their conversation. The people that are involved in the phone call are not aware you are listening and that is what makes it illegal. Of course, forms of hacking into your phone or social media accounts to reveal messages will not be allowed either as it is a violation of privacy. The law is the same in the state of Minnesota, which means that wiretapping is illegal by statute and this can be seen in several court cases.
If your spouse has recorded conversations of you with another person without your permission or knowledge, this would not be allowed as evidence against you in court. But, there is still room for your spouse to use recorded conversations and messages in your divorce case. It can be allowed if your spouse is part of conversation. This means that if there are messages or recordings that take place between you and your spouse, they would be legally allowed as evidence. For example, text messages or posts on Facebook between you and your spouse can be used in court to prove certain aspects of disagreement. This would apply to other electronic forms of correspondence, such as email and phone calls too, as long as you are both party to them.
Of course, while recorded conversations and messages may be legal to use in a court case for divorce, the next question that arises is whether they are relevant. While you may be able to use them as evidence, they should still be of value to your case. It is important to make sure that what the audio or messages contain information that is compelling enough to be used as evidence and will not make you look bad in the process or affect your reputation to the court.
The best way to find out whether your spouse can use recorded conversations and messages against you in court is to consult a divorce attorney in Coon Rapids. By having a divorce attorney by your side through this difficult time in your life, you can make sure that you get the support and assistance that you need. A divorce attorney has the knowledge and experience to know what evidence can be used in court and whether the recorded conversations and message will be used in your case. In addition, they can answer all of your questions and make sure you are prepared for everything to do with your divorce.
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