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Brandon Divorce Lawyer > Blog > Divorce > Is It Legal To Record Your Spouse During Divorce?

Is It Legal To Record Your Spouse During Divorce?


It is not uncommon for people going through a divorce to act one way when they are in front of a judge only to act like a completely different person when they are not in the courtroom. Your spouse may act polite and respectful during formal proceedings, only to become outraged and yell and scream when the two of you are speaking privately.

This scenario is extremely frustrating, and you may consider taking certain measures to prove that your spouse is not the well-behaved individual they show to the judge. You may even want to record your spouse when they become enraged or start acting unreasonably. Before you do, it is important to first know what the law says about recording conversations.

Florida is a Two-Party Consent State 

The wiretapping laws of the state specifically stipulate that in order to record a conversation, all parties involved must consent to the recording. Of course, you can ask your spouse if you can record the conversation but if they know they are being recorded, they are unlikely to show the side of them you are trying to expose. It is important that you do not record your spouse without their permission. Not only will the recording be considered inadmissible in court, but you could also face criminal penalties.

A Certain Degree of Privacy Must Be Expected 

In order for the wiretapping laws of the state to apply, a certain degree of privacy must be expected. For example, if you and your spouse are in your own home having a conversation, there is an expectation that there is a certain degree of privacy. In this case, you would have to obtain the consent of your spouse before recording them. On the other hand, if you were in a public space, such as a mall, and your spouse started acting unreasonably, you could record them without first obtaining their consent. In this situation, there is no reasonable expectation of privacy and so, consent is not required.

Witness Testimony Can Prove Your Case 

If you do not have the opportunity to record your spouse to show their true nature to a judge, you may feel as though the situation is hopeless. Fortunately, it is not. If your spouse acts unreasonably with you, there is a good chance that others have also seen the behavior. You can use the testimony of these individuals to prove your case and show the judge that the person they present in court is not the same one you deal with on a day-to-day basis.

Our Divorce Attorney in Brandon Can Advise on All Aspects of Your Case 

When going through a divorce, it is important that you know what to do, and what not to do, to give you the best chance of success with your case. At Koether Law, P.A., our Brandon divorce attorney can advise on the best steps to take and make sure you always comply with the law so your case is not placed in jeopardy. Call us now at 813-347-8193 or contact us online to schedule a consultation and to learn more about how we can help.




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