Communicating When It's Hard

Can I Record Phone Calls With My Ex?

This page provides general legal information, not legal advice. Court rules and procedures can change. A qualified attorney can advise you about your situation.

It depends on the recording laws that apply to the call and the circumstances of the conversation. Some states require consent from every participant, so do not assume that being part of the call makes a secret recording lawful.

Check every connected jurisdiction before recording

California law generally requires all parties’ consent to record a confidential communication (Cal. Penal Code § 632). Washington law also generally requires consent from all participants for private telephone communications and lists specific exceptions (Wash. Rev. Code § 9.73.030). These examples show why a single national yes-or-no answer is unsafe.

If people are in different jurisdictions, do not use this general page to decide whether recording or using a recording is lawful. Review the official law for each relevant jurisdiction through the state directory and seek qualified legal advice before recording or trying to use a recording in court.

Read Communicating When It’s Hard for lower-risk ways to keep clear communication records.