Is It Legal In California To Record My Spouse During Our Divorce?

Equipped with little more than a cellphone, it doesn’t take much to have a high-quality recording device within arm’s reach at all times. Technology has fundamentally changed the way that we live our lives and that has manifested in how we interact with one another, particularly in the legal realm. Couples undergoing a potentially contentious divorce may want to leverage that technology to their benefit, potentially helping record admissions of cheating, asset hiding, and any other potential beneficial evidence that may help in the following proceedings.

One question underscores today’s topic: is it legal in California to record my spouse during our divorce proceedings?

Is It Legal To Record My Spouse During a Divorce Case?

The urge to gather photographic and audio evidence may overwhelm common sense, but don’t allow it to happen to you. California is a two-party consent state with regard to wiretapping laws, thus requiring that both parties be aware that the conversation is being recorded while also giving consent to said recording.

What does this mean in simpler terms? You are not legally allowed to secretly record a private conversation with your spouse.

Resist the urge to win debates by using illicit tactics as they will not help your case and can even lead to stunning legal consequences. Instead of risking your financial future and your freedom, hire a legal representative like Erica Bloom Law to guide you through the process.

How Can I Legally Acquire Recorded Evidence?

While it may be difficult for divorcing spouses to give one another on-the-record consent to record conversations, it is not the only option available. To keep things cleaner and calmer, some divorcing partners will have one or both attorneys offer to depose the other party, engaging with opposing counsel to answer questions. The party being questioned can have the support of their attorney on hand to provide legal guidance throughout the process. Information acquired through a deposition can be shown in court.

You Can Probably Ignore Recordings Altogether

California is listed as a no-fault divorce state, which means that both parties are able to walk away without proving anything for the divorce to become settled. Instead of potentially violating your spouse’s right to privacy, leading up to and including criminal charges, your best course of action is to let sound legal counsel act as your compass.

To learn more about the ins and outs of the divorce process in California and to find support from a legal representative, contact Erica Bloom Law with any questions or concerns you might have.