Can your Ex record a conversation with you, without telling you?
Short Answer: Absolutely, as long as both parties to the conversation are in Colorado at the time of the recording, and the Ex is one of the parties to the conversation.
Explanation: Colorado law allows you to record phone conversations you are a party to without the other party knowing. Sec 18-9-303, C.R.S. However, if that party is in another State, then that State's laws may apply as well. So for example, if you are in Colorado and you record a conversation between yourself and a party in, say, Oregon, without that party knowing, you may be in violation of Oregon law. But if you're both in Colorado, knock yourself out. And not just your ex can record you. Anyone can, as long as that person is one of the parties to the conversation.
Monica Lewinsky recently told the National Geographic Channel, "I was a virgin to humiliation of that level until that day" the Start Report was released. The Starr Report was the investigative report into the affair between then-President Bill Clinton and Monica Lewinsky, which Independent Counsel Kenneth Starr released containing findings based on Linda Tripp's secretly recorded telephone conversations between herself and Monica Lewinsky, wherein Ms. Lewinsky described the sordid details of her affair with the President. Poor Ms. Lewinsky trusted Ms. Tripp with her secret only to be betrayed.
So what can we learn from Ms. Lewinsky? Probably a lot. But one of those lessons is: Be careful who you air your dirty laundry to! And for the love of God, Allah, L-Ron or [Insert Name Here], be smart when you're talking to the Ex on the phone. It WILL be used against you if it's recorded. Count on it. I cannot tell you what a gold mine a recorded conversation of a party is to the opposing side. I tell my clients not to put anything in email they don't want the judge to see. Likewise, be careful what you say and to whom you say it. You never know if it will be used against you!
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