Can I record conversations I have with my spouse?

Can I Record Conversations I Have with my Spouse?

You may be tempted to record your spouse in preparation for your divorce, especially if your spouse is verbally abusive or you’re concerned that your spouse might lie to the Judge. But secretly recording your spouse is not legal in all situations.

In Michigan, it is currently legal to record a conversation you have with someone, so long as you are participating in that conversation. However, you cannot eavesdrop and record conservations they have with someone else or conversations in which you do not participate. Not only is it illegal to secretly record someone else’s conversation, but the information you learn from these recording cannot be used in court to help your case, no matter how damning the evidence may be. 

The laws regarding secret recording are also changing and the admittance of these recordings to court is often left to the Judge’s discretion. Moreover, if the Judge does decide to admit the recording, anything you said will become evidence as well, including promises or threats you made during the conversation. Thus, recording a conversation you have with your spouse is not usually the best way to gather information or prove that your spouse is abusive or lying. Instead, if you believe your spouse will lie or harass you, we recommend you limit communication to texts and emails. That way, there is a paper copy of any promises or threats your spouse makes. Just remember, your emails and texts may also be used as evidence.

For assistance with your divorce, contact the Milford, Michigan law office of Kathryn Wayne-Spindler & Associates at 248-676-1000 for a free consultation. Wayne-Spindler regularly reviews clients’ divorce paperwork. She can also help couples keep their attorneys’ fees down by offering mediation or collaborative divorce options. She assists clients with low-cost divorce, child custody, division of assets, alimony, and divorced estate planning. The firm handles cases throughout Southeastern Michigan include the five counties of Oakland, Washtenaw, Wayne, Genesee and Livingston. The experienced attorneys of Kathryn Wayne-Spindler & Associates work with clients in Milford, Highland, Hartland, Commerce, Walled Lake, Waterford, Wixom, Howell, White Lake, New Hudson, Linden, South Lyon, Grand Blanc, Holly and many more local communities.


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