Can You Record Your Spouse?

Thinking about secretly recording your spouse? Think twice before you hit record.

It may seem like a good way to document an argument or preserve evidence for a divorce or custody case.

In Pennsylvania, however, secretly recording a private conversation can create a much bigger problem.

Pennsylvania generally requires the consent of all parties to record a private conversation. Marriage does not create an exception.

And the potential consequences can be far more serious than whether the recording can be used in your family law case. An unlawful recording can potentially expose the person making it to criminal liability.

What about a voicemail your spouse leaves you? Or a text or email they send?

That’s different.

Those are communications voluntarily sent to you, and they raise different questions about whether and how they may be used as evidence.

The practical takeaway is simple:

Before you hit record, talk to an attorney.

There may be completely lawful — and strategically better — ways to preserve evidence. In a family law case, good judgment about how you obtain evidence can matter too.

And if you discover that your spouse has been secretly recording you, speak with an attorney about your options.

If you’re dealing with an issue involving recordings or other evidence in a Pennsylvania divorce or custody matter, contact me or the MacElree Harvey, Ltd. Family Law team to discuss your options.

Every family’s circumstances are different. If you are considering leaving the marital residence, the MacElree Harvey, Ltd. Family Law team can help you evaluate the legal and practical considerations before making that decision. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.