Can my spouse record our conversations without my knowledge?

| Dec 18, 2020 | Divorce Law

A lot of times, major divorce legal issues come down to a he-said, she-said situation. Without some form of external evidence, these issues can’t go anywhere in court. But, what if the is evidence comes in the form of a recorded conversation?

Is this tactic legal if the other person doesn’t have the knowledge they’re being recorded?

Texas’s one-party consent law

As odd as it may sound, those recordings are legal. This is because Texas recognizes one-party consent, which means that just one party to the conversation has to agree to the recording in order for it to be deemed legal. So, when you get into an argument with your spouse, you should be mindful that what you say might later be used against you. With a recording, those statements can easily be taken out of context, too, leaving you in a difficult position.

What can you do to protect yourself?

There are some things that you can do to protect yourself. To start, just assume that you’re being recorded. Do your best to take a breath and think before you say something that could have implications later down the line. We know that’s hard given the emotions that are often involved in these cases, but doing so can make a huge difference.

Also, be sure to ask for all the evidence that your spouse plans to submit to the court. That way you’ll have a heads up and can develop a strategy to minimize the impact of the recording or negate it altogether. Other witnesses or extrinsic evidence can help provide context, and a thorough and holistic legal approach should leave your case in a position where a single recording won’t make or break your case.

You don’t have to face your legal challenges alone

Every divorce is different. That means that you can’t take the same approach to your marriage dissolution that your friend took to his or hers. You’ll likely face legal challenges that are unique to your case. That might sound scary and overwhelming, but you don’t have to contend with these issues on your own. Instead, you can choose to have an aggressive advocate on your side who knows how to address the challenges that await you.