Legal Question in Constitutional Law in Virginia

Is it legal for a spouse to voice record you without consent? And what is considered consent?

I live in Virginia and just found out that my husband has been recording me. I have done nothing wrong but feel violated. Could he use the recordings in court if we were to divorce?


Asked on 9/14/10, 2:52 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, even though such so-called "one party consent" recording is permissible

in the Commonwealth, if you in fact were not aware of it nor had been advised

of it beforehand, a divorce court would very likely bar its admissibility as evidence in any proceeding before it.

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Answered on 9/19/10, 5:20 pm


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