Wiretapping and Divorce: Is It Legal?

The wild rants of celebrities like Mel Gibson and Alec Baldwin that were released to online sources and are now available to anyone may be tempting for spouses involved in a bitter divorce or custody dispute to emulate except for one big problem: it’s against the law.

Using a voice recorder to tape your ex’s rants as leverage or evidence in a divorce or child custody suit may be enticing, but it is also illegal and could do more harm than good to your own case.

In Florida, all parties must consent both to the recording and the disclosure of any wire, oral or electronic communication. If you record, disclose or try to disclose any of these types of communication, you could be charged with a felony, unless it is your first offense committed without any illegal purpose or commercial gain. In addition, the person you recorded without consent can sue you for damages.

If your spouse is harassing you or making derogatory comments about you routinely to your children, you can ask your divorce attorney to petition the court to allow both of you to record phone conversations, which can then be used as evidence in a child custody dispute.