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Can you record conversations with your ex?

It's not at all uncommon for parents to behave on way in front of witnesses or the courts and act totally differently when they are only dealing with their ex-spouse. This can be very difficult for the other person to deal with. How do you get the courts to understand that the person your ex presents in the courts isn't really what you are dealing with? While you may be tempted to record your conversations for proof, it's important to fully understand the laws before attempting this.

Florida is a state that requires "two-party consent" to record conversations. This applies to in-person conversations as well as electronic communications, including phone calls and exchanges via text or email. In general, this means that you must have the consent of the other person — or people if there are multiple participants — to legally record the conversation.

However, the law does have an exception for in-person communications where there is no reasonable expectation of privacy. Situations that might apply here would be exchanges in a public place, such as a parking lot or at the children's school. If the other party does not have the reasonable expectation to privacy, you can legally record the conversation without getting the other person's consent.

Any time you are planning to or already have recorded a conversation with your ex, it's important to provide your attorney with all of the details of the situation and a copy. Your attorney can explain to you if the recording is able to be used and what possible implications it could have on your case.

Source: Digital Media Law Project, "Florida Recording Law," accessed Aug. 18, 2016

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