Does it feel like your spouse wears a mask in public, only to reveal their true self behind closed doors?
It’s like your spouse becomes a completely different person. True motives are revealed, and maybe even some threats are made.
It’s a tough spot to be in, especially when you’re considering divorce but worry about what the consequences of getting a divorce will be for you.
You may wonder: what if my spouse is able to manipulate the South Carolina divorce courts into getting what they want and taking away what I want? What if I lose custody of my children or end up in financial disaster?
Your family and future are at stake. Is there anything you can do to reveal your spouse’s true character?
If you find yourself in a situation like this, you may wonder if you can secretly record your spouse when they speak freely in private to you. If you can capture what they don’t say publicly, maybe it can show your spouse’s true colors to the courts.
Can I Record My Spouse Secretly?
In South Carolina, secret recordings are legal as long as you are personally involved in the conversation.
South Carolina is considered a “one-party consent state”. This means it is legal for an individual to record a conversation they are participating in without needing to inform the other parties involved. This is different than other states, which may require both parties to knowingly consent to a recording.
As explained by the Reporters Committee for Freedom of the Press (RCFP), any person who is a party to an in-person, telephone, or electronic conversation—or who otherwise has the consent of one of the parties to the conversation—can lawfully record it.
This means you can record both in-person conversations and electronic communications – such as telephone calls and digital messages.
What Should I Consider Before Recording?
While obtaining recordings of your spouse may be legal, this does not guarantee that the recording is admissible as evidence in your divorce case. There are specific “rules of evidence” for legal cases, such as relevance.
The relevance, legality, and manner in which the recording was obtained will play significant roles in whether it will be deemed admissible in court.
For example, a recording showing that your spouse acted in an unfavorable way—such as they being very rude—may not actually have any legal relevance in a divorce case.
And, in some cases, secretly recording your spouse may stir up drama and aggravate your spouse, which may make it harder to reach a divorce settlement.
However, in other cases, a recording can be crucial in protecting your rights.
For example, your spouse may be hiding a lot of money, but you have no way of proving it. If your spouse were to admit it in a conversation with you and you record that conversation, it could be admissible evidence.
Can Divorce Mediation Be Better For Me And My Family?
Mediation can be a cheaper, faster way to divorce for many couples. Even if you find yourself in a high-conflict divorce, mediation can be a good first step.
And, if mediation fails, you still have the option to pursue a traditional divorce through the Charleston courts.
If your spouse is abusive, secretive, or manipulative, you may have to be more diligent and proactive about obtaining and collecting evidence throughout the process. Doing so will allow you to achieve a fair divorce, whether that is accomplished through private mediation or a traditional court case.
Call Charleston Divorce Mediation today to discuss your situation and if mediation is right for you. For many couples, mediation can be a dignified and affordable way of ending their marriage and finding a better life.
About Catherine Marra
Catherine Marra is a nationally certified Divorce Mediator with over 30 years of experience in Family Law, including 20 years in private practice and 10 years as a Family Court Magistrate. She uses her knowledge and experience to guide couples in negotiating divorce settlements so they can save money, complete the divorce process quicker, and get better outcomes than they would at trial.