If the conversation was between you and your spouse, even without your knowledge or consent, it may be admissible for the purposes of your divorce in Queens.
Under New York law, only one party needs to be aware of the recording.
On the other hand, conversations between you and a third party that were recorded by your spouse are not admissible, as such a recording likely constitutes criminal eavesdropping.
Not all legally created recordings can be used in a divorce case.
Your spouse’s recording must meet certain tests of authenticity, and it’s possible that your spouse’s lawyer will decide that the recorded conversation isn’t worth the effort of trying to get into the record.
It’s also possible for your lawyer to challenge any such recording on a number of grounds.
The attorneys at Zelenitz, Shapiro & D’Agostino know how to fight back at prejudicial material your spouse may unfairly try to use in your Queens divorce.
Call us today at 718-523-1111 for a free consultation with an experienced Queens divorce lawyer.
