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

No Comments

Leave a comment
Comment Information
Email Us For A Response


Start With A Case Evaluation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Hear From Our Clients

"Grimm Collections utilized Mr. W. Tyler Moore for a very complicated matter of litigation regarding non-payment of freight invoices to one of our clients local to the Houston area. I’ve worked with many attorneys throughout the United States on many litigation matters and the biggest deficiencies are lack of industry knowledge and poor communication/follow up.." - D.M.

Read More
  • Avvo - Rate your Lawyer. Get Free Legal Advice.
  • Avvo Clients' Choice 2012 Lawsuits & Disputes
  • Avvo Rating 10.0 Superb Top Attorney Lawsuits & Disputes
  • Avvo Top contributor 2013 Lawsuits & Disputes
  • AV Preeminent Martindale-Hubbell Lawyer Ratings
  • H Texas Houston's Top Lawyers 2014
  • Lead Counsel Rated Attorney
  • Nation's Premier | NAFLA | Top Ten Ranking 2014
  • Board Certified Texas Board Of Legal Specialization Civil Trial Law Family Law