Can You Secretly Record Your Spouse During Divorce?

Divorce can make people act very differently from when they were happily married. If you are ending your marriage, your spouse may start to act irrationally. They may start arguments with you for no reason, scream, yell, and perhaps even become violent. Becoming aggressive rarely helps a person in their divorce case, but much of your spouse’s behavior may be done behind closed doors. This may lead you to wonder if you can record your spouse to prove your case.

Unfortunately, while recording your spouse can prove they are acting in a certain manner, it can also have serious consequences for you. Below, our Media divorce lawyer explains more.

Penalties for Recording Under the Wiretap Act 

Pennsylvania legislators have enacted the Wiretap Act, which prohibits you from intercepting any communications without the consent of all parties to a conversation. The Act applies to both oral and wire communications. It also prohibits you from using devices to record or transmit communications if all parties have not consented.

If you violate this Act and record your spouse without their consent, you may face very serious consequences. Wiretap violations in the state are classified as felonies of the third degree. These offenses are punishable by up to seven years in prison and a maximum fine of $15,000. Regardless of whether a conversation is on the phone or in person, it is illegal to record your spouse.

The penalties under the Act are harsh, and they may make you feel hopeless. After all, if you cannot record your spouse, how are you going to prove your case? Fortunately, there are alternative methods that can help.

Alternatives to Recording Your Spouse 

Without your spouse’s consent to recording their bad behavior, you may think you do not have other options. Fortunately, that is not true.

One of the most common alternatives to recording your spouse is to install a visible security camera in your home that may capture footage of your spouse. If the camera is not hidden, your spouse has no expectation of privacy and any footage you capture will likely be admissible in court, without you incurring any penalties for using it.

You can also hire a private investigator to follow your spouse. This can help prove that your spouse is an unfit parent, or that they are committing adultery, which could help you during property division or alimony proceedings. As long as they do not record conversations your spouse has without consent, you can likely use the evidence against your court. Just make sure that any private investigator you use is licensed under Chapter 57 of the Pennsylvania Statutes.

Our Media Divorce Lawyer Can Provide the Legal Advice You Need 

When getting a divorce, you need legal advice about the process, and even about your own actions. At Barbara Flum Stein & Associates, our divorce lawyer in Media can provide this advice and help you obtain the best possible outcome. Call us now at 610-565-6100 or contact us online to schedule a consultation and to get the legal help you need.

Sources:

legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=57

legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=22