Can I record my spouse and use the recording in my divorce?

I often have clients who wish to use recorded conversations during their divorce proceedings.  They will inquire about the legality in making and using an audio recording of their spouse in court.  In Florida, you are not permitted to record someone without their express consent to be recorded.  Florida is considered a “two party consent” state.  This simply means that all parties to the communication must be aware and agree to be recorded.  Without the consent of all parties involved, one is engaging in a crime.

There are, however, exceptions to this.  Communications that take place in areas where there would not be a “reasonable expectation of privacy” do not require consent.  Generally, there is no expectation of privacy for things said in a public setting where what is said can be reasonably overheard by those in the area.  Also, messages that are left on voicemail are an exception.

It is important that one considers Florida’s stance.  Without doing so can lead to criminal prosecution and civil liability.