Can emails or conversation of arguments recorded be use as an evidence for mental cruelty?

Aug 8, 2012 by

Question: 

Can emails or conversation of arguments recorded be use as an evidence for mental cruelty?
Can i communicate with my husband if my husband had file marriage dissolution with accusation on me ?
Can i track my husband credit card and use it as an evidence to support my innocent?

State: 
Illinois

Answer: 

U.S. federal law allows the recording of phone calls and other electronic communications with the consent of one party and most states have adopted statutes based on that law. The District of Columbia (Washington D.C.) and 38 states permit telephone conversations to be recorded without informing the other party. The twelve remaining states require the consent of all parties in a conversation and it is illegal to record a conversation without the other party’s knowledge in those states. Unfortunately for you, Illinois is one of those states.

As far as using a phone call recording as evidence, if the recordings are made in violation of federal or state law, the recordings will almost always be inadmissible in court. If you are thinking of making one-sided recordings for use as evidence, we strongly recommend that you consult an attorney prior to making any recordings. Communicating with your current spouse is permitted in all circumstances unless there is a court order prohibiting it. Tracking the use of “his” credit cards is also permissible. If you are still married you have a right to know where the joint funds are going. If you are divorced or separated, or your husband is a real ogre, you may need the aid of an attorney to communicate with him.

Complicated or contested divorces often require the services of attorneys to untangle, especially when the spouses can’t or won’t communicate directly with each other. Judging by the nature of your questions, it sounds like you could really use some legal help in this matter. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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