Can I Record My Ex | Nampa Divorce and Family Attorney

The short answer is yes.

Idaho is what is know as a one-party consent state. That means that if the person making the recording (presumably you), then it is legal to record (whether by audio or video) the conversation or interaction.

Video and audio evidence during your divorce case may be compelling evidence to prove a number of things such as:

1. Whether your ex has cheated on you;
2. Whether your ex has committed domestic violence, or the threat of domestic violence, against you, your children, or any other individual. This will go a long way in a custody battle;
3. If your ex states he did x, y, and z with community funds, and then later denies that;
4. The tone in which your ex speaks to you or your kids;
5. The interaction and interrelationship between you and the kids;
6. If the kids state that they don’t feel comfortable with the other parent; or
7. Any other issues that would reflect on the other person’s character.

That being said, you still have to follow all the rules of evidence at your trial, in front of the judge, the get it admitted for the court to consider that evidence. If you are not an experienced attorney, it can be difficult to get the evidence admitted properly. If you are unsuccessful at getting the evidence admitted, the court will not consider it when they are making a determination on any issue related to your case. This may be the issue of child custody or it could be the fight over whether you should be awarded spousal maintenance or not.

There are several things that you must consider when you are thinking about recording your interactions. First, you still cannot harass the other party. In every family law case in the State of Idaho, the court is going to automatically going to enter a joint temporary restraining order pretty much stating you cannot harass or disturb the peace of the other person. So, just because you can record your interactions with the other person, please do not take that as a permit to harass them.

Second, be extremely cautious if you are thinking about recording your interactions with your children. One, the recordings last forever and kids grow up. Things we do now can affect them for a long time and in ways that we cannot always foresee at the moment. Please keep your children’s mental health in mind during your whole case for the present time and in the future.

So, to sum it up, yes you can record your conversations and interactions with your ex-spouse or partner. The recordings may be used in court if they are relevant and you can lay the proper foundation to get them admitted before the court. If you are facing a tough custody battle, we are aggressive as the particular case requires. So, if you need assistance to achieve your long term goals, contact us today to see how we can help.