In this day and age, technology can be used for a lot of good. Yet there is also a downside. Sometimes, people who are going through a divorce will use technology to record their soon-to-be ex-spouse in the hopes of using the information against them in the divorce. If you have had even an inkling to engage in this practice, think twice. A recording can sometimes cause more harm than good.
State recording consent laws fall under a one-party or two-party rule. With one-party consent, only the person recording has to consent, so there is likely no legal harm in capturing a recording.
In two-party states, the recorder and the person being recorded must consent. This consent must be captured on the recording and must include direct acknowledgment of what you are doing. If you record your ex in a two-party state without notice, you are doing so illegally. Not only will the information not be admissible in court, but you could also face legal consequences.
Sometimes, a person will secretly record their ex in the hopes of using the footage as leverage, such as to gain more assets or get custody of the children. With blackmail, an individual records their ex in a compromising circumstance and then they tell the other person about the recording and demand that they give them what they want in exchange for keeping the recording private.
The importance of not engaging in this practice cannot be overstated. Blackmail is illegal and it most often leads to penalties. An attorney will be able to outline all the reasons why this practice is so harmful.
Evidence vs. Investigation
As previously stated, depending on the law, the recording may not be admissible to court, but it can be useful. For instance, consider an instance where one spouse is asking for alimony because they do not earn an income. However, the other spouse recorded the individual stating that they work a cash-paying job.
The individual could give this information to their attorney and he or she could use the recording to investigate more into the issue and look for evidence that proves the individual is earning an income. This evidence, not the recording, can then be submitted to the court.
A divorce can be hard to navigate because there are often so many twists and turns. However, if you need help, secretly recording your spouse is not necessarily the way to go. Turn to an attorney instead. Contact a family law attorney to learn more.Share