With the onslaught of celebrity coverage surrounding Mel Gibson's recorded telephone rants, many divorce clients have asked whether it is legal to record their spouse or ex-spouse's telephone conversations. The answer depends on several different factors and often varies on a case by case basis.
The general rule is, no, unless you obtain express consent. Florida wiretapping laws are complex and can carry criminal or civil punishments if violated. In situations where your spouse would have a reasonable expectation of privacy, it is not proper to record your spouse's telephone conversations without permission. I typically recommend always obtaining permission from your spouse or ex-spouse before recording any telephone call or communication.
However, there are several exceptions to this general rule, that would require an in-depth analysis of the facts and circumstances of your family law case.
Contact your expert Tampa family law attorney to discuss whether these exceptions apply to you and your case.