Shreveport, LA asked in Divorce, Child Custody, Civil Rights and Communications Law for Louisiana

Q: Do I have to inform my ex husband I am recording our conversation while we talk about the divorce in a public park?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When recording a conversation with your ex-husband in a public park, the rules depend on the laws of your state or country. Some places require the consent of both parties for recording conversations, while others only need the consent of one person involved in the conversation. This is known as "one-party consent" or "two-party consent," depending on the jurisdiction.

Before you record, check the specific laws in your area. If you're in a "two-party consent" state, you must inform him that you are recording, or it could be considered illegal and potentially inadmissible in court. In a "one-party consent" state, you might not need to inform him, as long as you are a participant in the conversation.

However, it is always a good idea to be upfront about recording. It can prevent potential legal issues and promote more honest communication between you both. If you have concerns about how to handle this situation, it might be worth seeking legal advice to understand the best approach.

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