Can I record phone calls or statements made by my spouse without their knowledge? YES
Utah Code § 77-23a-4 (Offenses — Criminal and civil — Lawful interception), Subsection (7) (b):
“A person not acting under color of law may intercept a wire, electronic, or oral communication if that person is a party to the communication… unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of state or federal laws.”
Here you are not acting under the color of law because you are not pretending to be a police officer, you are simply being a spouse. These recordings can become important if custody of your children is an issue in your divorce. It also can be an issue if you are trying to catch your ex-spouse cohabiting with another individual. Either way, record the phone call or communication.
When it comes to custody of your children you need all the evidence that you can get in order to prove your side of your case. Child Custody is a serious thing. If your spouse is not telling the truth about your communication or the guidelines that have been sent then you may need to record the phone calls or discussions. Recordings can help you present and prove your case to the judge.
At Arnold, Wadsworth & Coggins Attorneys, we offer a free consultation in order to sit down with you and go over your case. Give us a call today at (801) 475-0123 to schedule a time to meet.
