Are Recorded Conversations Legal in Divorce Matters in Wisconsin?

Recorded phone calls in Wisconsin must have permission of at least one party.

Whether recording a telephone conversation is legal depends not on the subject matter of the conversation, but on the state in which the conversation occurs and whether a party to the conversation has been informed that it is being recorded.

Wisconsin

Wisconsin is one of 38 states that has adopted a "one-party consent" stance on recording telephone calls originating and occurring solely in-state. This means that at least one party must be informed of and consent to the recording of the conversation.

Effect

Failure to get consent to record from at least one party to the telephone conversation makes the recording of such conversation not only illegal, but also inadmissible as evidence in court.

Exceptions

Certain phone calls can be recorded without the permission of any party to the conversation. Emergency services such as 911 and the fire or police department may record telephone calls relating to domestic squabbles or violence. Also, any person who has received a court order to record a conversation may do so legally.

References

• Wisconsin Legislature: 885.365 Recorded Telephone Conversation
• Call Corder: United States Telephone Recording Laws

Resources

• Citizen Media Law Project: Recording Phone Calls and Conversations