One major red flag that your marriage may be irretrievably broken is if you’re considering surreptitiously recording a conversation with your spouse. But let’s be honest – it happens.
Before determining whether you should surveil your spouse by any legal means, what does the law say about it?
New Jersey is a one-party state
Under state law, as long as one person in the conversation gives consent (you), recording it is legal. But the popularity of digital devices like AirPods and their knock-offs that can be used to both amplify and record conversations is a potential game-changer.
For instance, if someone enables the LiveListen feature on their AirPods to better hear their spouse during a conversation, they could leave their phone on the table and walk away. The phone will still transmit and potentially record the continuation of conversations at the table.
Is that legal? Right now, it is. But laws change frequently. When it comes to divorce and child custody, you always want to err on the side of the law. The family law courts take a dim view of spouses who trample on New Jersey laws to try to manipulate the divorce process. If you don’t know whether something is legal, find out first.
Arm yourself with knowledge before filing for divorce
As New Jersey is both a fault- and no-fault state, strategy can be an important component in divorce and custody matters. It is important not to jump the gun and rush to file a petition for divorce before determining your goals for your post-divorce life.