Tape Recording Your Significant Other

Is it Legal in Maryland to Record a Conversation with Your Spouse to Use as Evidence in Court?

Your significant other’s behavior can sometimes impact the outcome of your divorce case, depending on the circumstances, but it is illegal for you to record any communications without their knowledge and consent.

The Maryland Wiretap and Electronic Surveillance Act is one of the strictest in the United States. The Act requires that everyone who is part of a conversation give consent before being recorded. This means that, if you want to record a conversation with your significant other, you must first inform them that you will be recording them. If they state that they are not giving their consent, or they hang up the phone, then you do not have permission to record them. And, if you record them anyways, you could be in violation of the Act. However, if they stay on the line, then there may be an argument that they are giving implied consent and you may be able to use the conversation in court.

A violation of the Maryland Wiretap and Electronic Surveillance Act could cost you five years in prison and/or a fine of as much as $10,000.

Remember, even if you can’t get the actual recording of your significant other’s conversation, cell phone records are admissible in court along with text messages and emails, which could ultimately prove the point without the illegal recording.

Rockville, Maryland divorce attorney Dana Whitten represents clients throughout Maryland. Get more answers here to your frequently asked questions about Maryland divorce. Contact the Law Offices of Dana K. Whitten for a consultation about your specific concerns.

Categories: Divorce