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Can you record conversations?

| Aug 18, 2016 | High Asset Divorce |

When you’re going through a high-asset divorce, there may be many times when your ex says one thing to you in private and then says something completely different in court. It’s common for people to say they are going to agree to certain divorce terms initially, only to change their minds later on. It’s also possible that your ex might disclose something in a private conversation, such as hidden assets.

However, before you start recording your conversations for proof, it’s important to take a look at Florida’s laws. Unlike some other states that only require consent from one party, that state of Florida requires to get consent from all parties to the conversation before you can legally record it.

One thing to keep in mind is that it is a bit of a gray area whether the person must give explicit consent or whether you can just let them know you are recording the conversation. In some cases, the courts may rule that continuing the conversation after being warned that it was being recorded is implied consent. Florida does have one exception, and that is for in-person conversations in public places where you could be reasonable overheard by other people.

In these cases, there is no reasonable expectation to privacy, and you can record the conversation without consent. If you have questions about how to tell if it’s legal to record a conversation or how to notify the other party that you plan to record the discussion, talking over your situation with a family law attorney is the best first step.

Source: Florida Statutes, “934.03 Interception and disclosure of wire, oral, or electronic communications prohibited.—,” accessed Aug. 18, 2016

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