Can I Record My Spouse During A Divorce?

recording on phone

People are often calm and respectful in court during a divorce, but spouses can be angry, threatening, and hurtful when outside of the courtroom. Many people consider recording their spouse’s behavior as evidence in the case, but Florida’s strict laws on privacy could result in civil or criminal penalties if you record your spouse without their knowledge. At The Law Offices of David L. Hirschberg, we can advise you on the types of evidence you can collect to show your spouse’s true colors and help you avoid the serious consequences that come with breaking the law. To learn more, call or contact our office today.

Florida Privacy Law

Florida is considered an “all party state,” which means that everyone involved in a conversation must have knowledge and consent to being recorded. Because everyone must know about the recording, it is not likely that your spouse will act out once being told about the recording under Florida law. If you record a private conversation with your spouse without their knowledge and consent, not only will the evidence be disallowed in your divorce case, but you may also face criminal and civil penalties for your crimes. This can ultimately hurt you in a divorce proceeding if the judge decides to rule against you because of your actions.

Examples of privacy violations include wiretapping phone conversations, videotaping, computer privacy violations on a desktop, laptop, smart phone, or other device, and keystroke logging. Even if you still have access to a spouse’s social media, email, or other accounts because you have knowledge of their password, you should still avoid snooping or taking information in that way. However, there are exceptions to the state’s privacy rules that may still allow you to collect valuable evidence of your spouse’s behavior for your divorce case.

Exceptions to the Rule

One exception to the privacy rules involves situations where there is a lower or nonexistent expectation of privacy. You can record a spouse if an argument erupts in public where there is no expectation of privacy. You can also submit as evidence in a divorce any information that is sent to you from your spouse, such as answering machine messages, text messages, emails, or social media posts. Witness testimony can also be compelling evidence of a spouse’s character if they acted out in front of others during the course of your marriage or during the divorce. To learn more about the types of evidence allowed in a Florida divorce case, talk to our office today.

Talk to Our Office Today

At The Law Offices of David L. Hirschberg, our dedicated and knowledgeable Boca Raton divorce attorneys understand how frustrating divorce can be. We are here to help you through every step of the case and provide valuable advice that can help you avoid other trouble during a divorce proceeding. To learn more about the wide range of legal services offered to our Boca Raton clients, call the office or contact us today to schedule a consultation of your case.


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