Can a tape recourding of a conversation be used in Virginia courts when taped by another person?

There are a variety of rules on tape recording, depending on exactly what happened ( was the roommate having a discussion with your wife, or had he left the room, were there other people in the room, etc).  A Virginia Statute provides  No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties' knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by rescue squads, nor to any communications common carrier utilizing service observing or random monitoring pursuant to § 19.2-62. Virginia Code § 8.01-420.2  Thus, the recording would not be admissible in a suit for divorce, but may, depending on the facts and circumstances, be admissible in a separate suit involving a dispute over custody.