Guide · 6 min read
Is it legal to record a phone call in Tennessee?
Short answer: in most cases you can record a conversation you are part of without telling the other person. You cannot record conversations you are not part of. The details matter, especially in a divorce or custody case.
- Written byOur Nashville detectives
- UpdatedOctober 25, 2026
- Reading time6 minutes
- Related serviceInfidelity investigations
- Tennessee follows a one-party consent rule: if you are a party to the conversation, you may generally record it.
- Recording a conversation between other people, without any party’s consent, is a serious crime.
- If the other person is in a two-party consent state, get legal advice before recording an interstate call.
Tennessee’s one-party consent rule
Tennessee’s wiretapping law makes it a crime to intercept a wire, oral or electronic communication. It is not unlawful for a person to record a communication when that person is a party to it, or when one of the parties has given prior consent, as long as the recording is not made for a criminal or tortious purpose.
In practice, that means you can generally record your own phone calls and your own in-person conversations without telling the other person.
What the rule does not allow
- Recording a conversation between your spouse and someone else when you are not part of it
- Leaving a phone or voice recorder in a room, car or bag to capture conversations you are not in
- Installing software that records another person’s calls or messages
- Hidden video in places where people expect privacy, such as bathrooms or bedrooms, which is a separate crime under Tennessee law
These are exactly the situations that come up in divorces and custody disputes, and they can expose the person recording to criminal charges and a civil lawsuit for damages.
Calls with someone in another state
Some states, such as California, require consent from everyone on the call. When a call crosses state lines, it is not always clear which state’s rule applies. If you are recording someone outside Tennessee, especially for use in a lawsuit, ask an attorney first.
Using a recording in court
A lawful recording can be powerful evidence in a custody, harassment or business case, but whether it is admitted is up to the judge. Keep the original file unedited, note the date and time, and give a copy to your attorney rather than posting or sharing it.
An unlawful recording can do the opposite: get thrown out, damage your credibility, and create liability for you.
Where a detective fits
Detectives follow the same law you do. We do not intercept calls, plant listening devices, or access phones. What we can do is document what happens in public, find and interview witnesses, and gather records, so you are not tempted to cross a line that hurts your case. See our harassment investigations and infidelity investigations.
This guide is general information, not legal advice. Laws change and every situation is different; talk to a Tennessee attorney about your case. Last reviewed October 25, 2026.
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Can I record my spouse without them knowing in Tennessee?
You can generally record conversations you personally take part in. You cannot record your spouse’s conversations with other people when you are not a party to them.
Can a private investigator record phone calls?
Only under the same rules as anyone else. A detective cannot intercept or record conversations they are not a party to.
Can I record a call with my ex for custody court?
If you are a party to the call, recording is generally lawful in Tennessee. Whether the judge admits it, and whether it helps, is a question for your attorney.
Talk it through with a detective.
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