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Listening In: The Use of Audio Recordings In Family Proceedings

By Bari Brandes Corbin and Evan B. Brandes
September 29, 2009

Divorcing couples and those sparring over child custody rights are often tempted to record their spouses (present or former) in conversation. After asking, “Is my husband calling a paramour the middle of the night?” or, “Is my ex-wife badmouthing me to my kids?”, they may decide to record others' conversations. These recorded discussions, they are sure, will help them to obtain a divorce, get a better marital settlement or get exclusive custody of a child.

Admissible vs. Inadmissible

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