Recording a conversation can be extremely helpful in a contested family law case. In a lot of cases, a “he said, she said” situation arises. It is therefore always better to have additional proof to back up your statement. A recorded conversation can be important evidence used against the other party.
It is important to note that a conversation can be recorded in New Jersey if you are part of the conversation, meaning if someone is speaking directly to you, then you can record it. You cannot, however, record a conversation if you are not part of the conversation. For example, you cannot record a conversation between two other people if they are not talking to you. You also cannot leave a recorder in a room in the hopes of catching a person saying something incriminating to someone else. You must be a party to the conversation or your recording is illegal. If you are inclined to record the other party, it is best to speak with an attorney first to determine if it is in the correct context and that it is not an illegal recording.