When two parties are going through a divorce, one party may feel that it is necessary to record the telephone conversations. For instance, if the parties in a divorce are going through a heated custody battle and one of the spouses is alienating the minor child against him or her, he or she may feel it is necessary to record the telephone conversations to use as evidence in his or divorce case.
According to O.C.G.A. § 16-11-66, you can record telephone conversations in Georgia, but you must be a party to the conversation. Therefore, if you and your spouse are having a telephone conversation, and both parties are in Georgia at the time of the telephone call, it is legal for you to record the conversation under Georgia law.
You cannot, however, record a telephone conversation between your spouse and his mistress because you are not a party to the conversation. There is an exception to this statute. If one of the parties involved in the conversation gives you his or her consent, then you can legally record the conversation according to O.C.G.A. § 16-11-66. In most cases, however, this is not possible.