QUESTION
Can my friend record her spouse in his vehicle or his office without his consent?
Asked on May 19th, 2015 on Divorce - Nebraska
More details to this question:
My friend suspects the spouse of having an extramarital relationship. If they plant a hidden microphone in the vehicle of the spouse or office space to record them without their consent, is this illegal under current statutes?
10 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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That would be a no.
Answered on Aug 31st, 2015 at 8:01 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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That would be a yes.
Answered on Aug 31st, 2015 at 8:00 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It varies from state to state but generally its illegal and cause cause liability do not assist your friend... she may get you in trouble.
Answered on May 22nd, 2015 at 12:20 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I think I answered a question directly from the lady involved. The problem is much less whether the recording is lawful, as to how it will look in court. It will look awful for the woman who did the recording. And it will not help her in a divorce at all. Most states, including this one, are now no-fault as to divorce, so demonstrating that one's spouse has been tomcatting around gains you absolutely nothing. Advise your friend to consult a lawyer who can review ALL the facts with her, and help her make the best decision.
Answered on May 20th, 2015 at 3:47 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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B VERY CAUTIONS. See Florida Statute 119 as to recordings. This may be a felony.
Answered on May 20th, 2015 at 10:01 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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This is very illegal.
Answered on May 20th, 2015 at 5:05 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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It is illegal and not admissible evidence.
Answered on May 19th, 2015 at 5:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is generally illegal to place a secreted recording device an area where a party would expect to have a reasonable expectation of privacy and to record conversations to which the recording party is not part. It appears to me your friend needs an attorney and counseling.
Answered on May 19th, 2015 at 4:46 PM
Why go to all that extent. If your friend thinks her spouse is cheating, she can come right out and ask him. If she thinks the marriage isn't waking, she can file for divorce.
Answered on May 19th, 2015 at 4:40 PM
4 Awards
At least one person being recorded must be aware of the recording to avoid wiretapping charges.
Answered on May 19th, 2015 at 4:36 PM