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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101935
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my husband recorded some of our arguments and personal conversations

Customer Question

my husband recorded some of our arguments and personal conversations without my
consent. i was confused but figured that it was just for his personal satisfaction,and
also to have his friends side with him. but now i'm worried because i was told by friends
a lawyer can use some of that recorded information if he goes for a divorce even if he
deleted part of the recording so that he can use it in his favor or worse i was told that
if he is getting very vindictive he may even use it to make it appear i'm mentally disturbed!
please help...
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. You state "Please help..."

I understand the facts. What exactly can I answer for you? Whether or not this is legal, or something else?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

my husband has been controlling and emotional abusive for years and we have been married for 43 years. after he retired 3 years ago and with the huge


life change of retirement and moving to south carolina suddenly all the


unresolved issues and abuse had to be dealt with and the situation got really bad.

Expert:  Ely replied 3 years ago.
I am very sorry to hear this. What exactly can I answer for you? By this I mean that JustAnswer is a Q & A forum, so I need to know what information you seek and I would be glad to provide it.

What can I answer for you, and/or, what are you attempting to accomplish?
Customer: replied 3 years ago.

i guess it scared me when friends told me that my husband could do a lot


of damage to me in the legal sense with those recordings. can you tell me


if this is possible? as i said it scared me when i was told they can be used


to prove me mentally disturbed. i guess i was just getting stressed out after


all he would need for a mental specialist to prove anything correct?

Expert:  Ely replied 3 years ago.
Friend,

I understand.

i guess it scared me when friends told me that my husband could do a lot of damage to me in the legal sense with those recordings.

Well, that is an overstatement. First of all, yes he can do this: An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it. S.C. Code Ann. § 17-30-30 (2011).

However, the Court often KNOWS that a party only uses bits and pieces, and recordings out of of context.

can you tell me if this is possible?

See above.

as i said it scared me when i was told they can be used to prove me mentally disturbed. i guess i was just getting stressed out after all he would need for a mental specialist to prove anything correct?

Not at all. While these statements may be damaging, they in no way PROVE any disturbance, and may be refuted by you on the stand, explaining how it was stated in the heat of anger and/or out of context.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)