Can I legally record a conversation with my husband in our home?

UPDATED: Sep 30, 2022

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Can I legally record a conversation with my husband in our home?

My husband has been sexually abusing me in my sleep for years. He recently

tried to drug me. If I record my husband and I having a conversation in which he discusses and admits the abuse, would it hold up in court? Would it be best to file a domestic violence charge or divorce papers first? We have children, so would the recording be admissible in a custody hearing?

Asked on March 21, 2016 under Family Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, your state is an "all party consent" state (often incorrectly called a "two-party consent" state), which means that ALL parties to (that is, participants in) a conversation must agree to its recording. If your husband agrees to let you record, you could use the conversation in court, but not otherwise--and since asking him to let you record him could potentially incite him to violence, that may not be something you wish to do.
What you describe is not "just" domestic violence--it is rape, and is a very serious crime. You should probably go to the police first to press charges and seek a protective order, then file for a divorce as soon thereafter as possible.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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