Recording a spouse’s communications is often an issue in family law proceedings and it is critical that clients are aware of what they can and cannot do when it comes to recording conversations. Under current California law, it is illegal to record a conversation between you and your spouse without the other spouse’s knowledge or consent unless the conversation occurs in a place where there is no reasonable expectation of privacy such as a public park or restaurant.

Be extremely careful when recording your spouse because not only will the evidence be excluded from court, the recording spouse could be charged with a misdemeanor. Always consult a competent attorney before trying to bring recorded conversation into court.