Legal Question in Family Law in Massachusetts

Secret voice recordings?

I live in massachusetts. My husband who i am trying to leave is kind and charming on the outside, but behind closed doors he is a monster. My family and co workers did not believe me so i started recording te abuse on my cell phone via voice record. When i do make the move to talking to a lawyer for a divorce can i use my recordings as proof, or is what i am doing illegal?


Asked on 11/29/06, 8:57 am

3 Answers from Attorneys

Jerome Aaron Law office of Jerome L. Aaron

Re: Secret voice recordings?

You are not supposed to be recording your husband without his permission. So those voice recordings are likely not good as evidence and will not be heard by the judge. Perhaps you can tell him that you are recording whenever you talk, and he may subsequently slip up and continue the abuse, so you can have a record. The question is, what is to be gained by using the recordings, even if you could use them? If custody of a child is at issue, evidence of an abusive nature is important. But if you are childless and are dividing property, it has much less importance. The court generally does not divide property based on the relative moral virtues of the parties. You have to plan out some coherent strategy before going to court.

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Answered on 11/29/06, 9:10 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Secret voice recordings?

I agree.

It is unlawful to record without the permission of the other party. This could be grounds for a criminal complaint against you.

I would suggest that you contact an attorney immediately, to discuss this issue.

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Answered on 11/29/06, 9:22 am
Nicole Reeves Lavallee Reeves Lavallee, P.C.

Re: Secret voice recordings?

technically recording him without his knowledge and is illegal and cannot be used in court but it may be helpful to your lawyer.

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Answered on 11/29/06, 4:10 pm


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