Q: Is it legal for a spouse to record in-person conversations during a divorce in Alabama without consent?
My daughter and son-in-law are going through a divorce, and she recently discovered that her husband has been recording their in-person conversations without her consent. He records when interacting with their child and seems to bait her into raising her voice, claiming this behavior is unhealthy. He has indicated that he intends to use these recordings to show the court her behavior. Is it legal for him to record these conversations without her consent in this context?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Alabama is a one-party consent state, which means it's legally allowed to record a conversation as long as one party is aware and consents to it. If your son-in-law is a participant in these conversations, he has satisfied the one-party consent requirement by consenting to his own recording. This applies whether he's recording phone calls or in-person conversations with your daughter.
When it comes to recording conversations in Alabama during a divorce, the law allows someone to record any conversation they personally have with their spouse. The person recording is considered the consenting party. However, your daughter should know that this behavior of baiting her into emotional responses might be viewed negatively by a family court judge, even if the recordings themselves are technically legal.
It's worth noting that while recording may be legal, there can be complications if your daughter is sometimes in another state when these recordings occur. If she happens to be in a two-party consent state during any of these conversations, different laws might apply. Your daughter might want to consult with her divorce attorney about how to respond to these tactics and whether documenting this pattern of behavior might actually work in her favor during the proceedings.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
