Can You Record Your Spouse During A Divorce In Tampa?

A spouse may act in a completely different manner while in the courtroom then when outside of the courtroom. When this is the case, it can be tempting to record one’s spouse and their interactions.

Even though the act of recording one’s spouse can be tempting, there’s one question that must be asked: is recording one’s spouse a legal action?

Being aware of the legality that underlies this action, and the difficulties that can arise from doing so, will make it easier to determine if recording one’s spouse is the right action to take.

Can You Record Your Spouse During A Divorce In Tampa? 

The answer to this question is “Yes.” But, at the same time, the answer is “No.” And this is because the legality of recording conversations, within Florida, is complex.

Within the state of Florida, one cannot record any conversation, unless both parties consent to being recorded. So, if a spouse records the other spouse, without their permission, then this recording was made in an illegal manner.

On the other hand, if one spouse records the other spouse, and the spouse being recorded consents to being recorded, then this recording was made in a legal manner.

A recording that was made in an illegal manner is considered inadmissible. And, as such, a spouse cannot use this recording in court, during their divorce.

Are There Any Exceptions To These Laws? 

A variety of exceptions exist, regarding the laws that were outlined in the previous section. Each one of these exceptions is rooted in the following notion: if there is no expectation of privacy, then recording is allowed.

With the above in mind, the most notable exceptions to the laws outlined in the previous section are as follows:

• If a spouse leaves a nasty voicemail message, then they have consented to being recorded and, as such, this evidence can be used in court.
• If a spouse is out, in public, and erupts in anger, then they are not in a place where there is an expectation of privacy and, as such, recording is allowed.

Regarding the latter exception, this is quite broad. A spouse who finds themselves in nearly any public space with their spouse can record their spouse, as there is no expectation of privacy within a public space.

What If You Can’t Prove Your Spouse’s Behavior? 

Someone who is married to a spouse with a nasty temper or emotionally abusive behaviors – among many other possibilities – may find it difficult to prove this behavior as a result of these laws.

Even though these laws can be difficult to navigate, there is one very effective method of showing the court that one’s spouse engages in emotionally abusive behaviors: eyewitness testimonies.

Within the state of Florida, eyewitness testimonies are admissible in court. And, as such, they can be used to assist in one’s divorce case.

Speak With A Tampa Divorce Lawyer Today 

Your spouse may be engaging in emotionally abusive behaviors. But, remember, you can only record them when certain conditions are met and, if these conditions aren’t met, your recordings are inadmissible.

Speak with a Tampa divorce lawyer at Westchase Law, P.A. and we will assist you in obtaining the best possible outcome for your divorce.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0934/Sections/0934.03.html

law.cornell.edu/wex/inadmissible_evidence

law.cornell.edu/wex/admissible_evidence