Going through a divorce can be an emotionally charged time. You might feel anger, resentment, even a desire for revenge toward your spouse. In Mississippi, marital fault can impact property division, alimony requirements, and child custody arrangements to some extent.
If the grounds for divorce are related to issues such as adultery, drug abuse, or cruelty, proving evidence of as much might be helpful to your cause. You may be considering an array of tactics to get even or to tip the scales in your favor in divorce court.
Mississippi’s One-Party Consent Law
Mississippi is a one-party consent state. This means you can only record a conversation if at least one person involved (including yourself) agrees to be recorded. Secretly recording your spouse in a vehicle, home, or any other location without being present yourself is illegal and can lead to serious consequences. By remaining with the live recording device, you would be considered the party who agrees to be recorded.
Federal Wiretapping Laws
Mississippi’s One-Party Consent Law comes into effect here if you are not actively being recorded while recording your spouse, you could be charged with a felony offense. Secretly recording your spouse on a device that was placed to “catch them” could result in up to five years in jail and up to $10,000 in fines.
Even the act of installing recording equipment with the intent to secretly capture your spouse can bring serious trouble. A conviction for this carries a possibility of one year in jail and $10,000 in fines.
The potential consequences simply aren't worth the risk, especially when there are legal and ethical ways to navigate your divorce.
Experienced Mississippi Divorce Attorneys | Derek L. Hall, PC
At Derek L. Hall, PC, we understand how stressful divorce can be. We are here to help you navigate the legal aspects of your divorce while avoiding the uncertain territory that comes with utilizing recording devices. Contact us today to start your new life.
