W. Tyler Moore, PC

Wiretapping in divorce cases.

Wiretapping in divorce cases is fraught with danger for the unwary.  Both Federal and State laws govern a spouse's attempt to intercept, record, or use the other spouse's conversations.  The federal Wiretap Act is violated when any person intentionally intercepts, tries to intercept, or uses a third party to intercept or try to intercept any wire, oral, or electronic conversation.  Long story short: don't tap your wife's phone or place a "bug" where she has an expectation of privacy.

The Texas statute closely parallels the federal statute but includes a provision prohibiting covert entry to place the bug or wire.  Both statutes provide criminal penalties and civil damages.  Be VERY careful when you get mad. 

All that being said, you may record a conversation if you are a party to the conversation and do not have to disclose that it is being recorded. 

Talk to an experienced Divorce attorney about this before you do it and before you worry about the consequences. W. Tyler Moore, [email protected], 713-929-2242

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