Are Recorded Conversations Legal in Divorce Matters in Wyoming?

By Heather Frances J.D.

Recorded conversations can be powerful evidence -- in divorce and other types of cases. Such recordings eliminate he-said-she-said arguments by providing a judge or jury with an exact replica of a conversation. However, not all conversations can be recorded legally. In Wyoming, telephone call recording is generally prohibited, but there is an exception allowing conversations to be recorded by one party to the conversation.

Recorded conversations can be powerful evidence -- in divorce and other types of cases. Such recordings eliminate he-said-she-said arguments by providing a judge or jury with an exact replica of a conversation. However, not all conversations can be recorded legally. In Wyoming, telephone call recording is generally prohibited, but there is an exception allowing conversations to be recorded by one party to the conversation.

Third-Party Recording

Wyoming law makes it illegal for third parties to record or intercept a telephone call or other oral or wire communication between others. There is no divorce-specific exception to this rule. For example, a divorcing spouse cannot legally record her spouse's telephone conversations with his new girlfriend, no matter how relevant those conversations may be to the divorce proceedings.

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First-Party Recording

Though Wyoming's general rules prohibit recording, the law contains a list of exceptions, including one for participants to the conversation. Under this exception, someone who is a party to the conversation can record it himself or give permission to a third party to record it. Thus, a spouse can record her own conversations with her soon-to-be ex-spouse or his girlfriend. Similarly, either spouse could give permission to someone else to record their conversations. Both spouses can consent, too, but only one spouse's permission is required.

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Are Recorded Conversations Legal in Divorce Court?

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