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Can You Use Cell Phone and Video Recordings In Divorce Proceedings?

(Last Updated On: June 6, 2014)

Using Video Recordings in Divorce Proceedings

The prevalence of cell phones in modern society has completely changed many aspects of everyday life.

The use of recorded messages during divorce proceedings can benefit you, but it is important to understand when and how such recordings can be legally submitted.

Your divorce lawyer can help you determine which, if any, types of voice recordings or video recordings in divorce proceedings will help your case.


Recording Cell Phone Conversations

Jurisdictions vary on the legality of recording cell phone conversations without the permission of the person being recorded.

However, Arizona courts have held that you may record and use any conversation that you are a party to, i.e. a participant in.

This rule also applies to voicemail messages. In the case of voicemail and answering machine messages, it is clearly implied that the caller’s voice will be recorded.

In most cases, this understanding is enough to be considered permission by the law and such messages can be used during your divorce proceedings.

If you ever have any questions about the legalities of using voice recordings, please ask your attorney.


Recording Video

Recording video with your cell phone for use in divorce proceedings is also subject to certain privacy laws.

In most cases, video recorded in public is admissible in court, while video recorded in the privacy of the home is not. T

his is because consent is required when recording or photographing an individual in a setting where at least some degree of privacy is to be expected.

Additionally, in most cases the recording equipment (i.e., your cell phone) must be clearly visible.

The use of hidden or covert recording equipment is generally not permissible when submitting evidence during divorce proceedings.

The experienced divorce attorneys working with Thrush Law Group are here to provide you with the knowledgeable and compassionate counsel you need during a divorce.

Posted in Arizona, Phoenix, Tucson.