Can I use footage from my nanny cam as evidence in my divorce?

May 13th, 2024 by Tiffany Hughes

In Illinois, the use of nanny cam footage or recording on a nanny cam in a divorce case may be subject to various legal considerations and restrictions. Generally, Illinois is considered an “all-party consent” state when it comes to recording conversations or activities. This means that all parties involved must consent to being recorded.

Can I use footage from my nanny cam as evidence in my divorce?

Specifically, Illinois Law states:

“A person commits eavesdropping when he or she knowingly and intentionally:

(1) Uses an eavesdropping device, in a surreptitious manner, for the purpose of overhearing, transmitting, or recording all or any part of any private conversation to which he or she is not a party unless he or she does so with the consent of all of the parties to the private conversation.” 720 ILCS 5/14-2(a)(1)

If the nanny cam footage contains audio recordings of conversations between individuals without their consent, it may not be admissible in court, as it could violate Illinois’ wiretapping laws.

“It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person’s residence without that person’s consent.” 720 ILCS 5/26-4(a-5)

Can I use nanny cam footage to prove my spouse’s infidelity?

Illinois is a no-fault divorce state when it comes to proving to the court the basis by which you are seeking a dissolution of your marriage. This means that any one party’s actions such as physical or emotional abuse, adultery, or substance abuse cannot be used as cause in a divorce to attain more maintenance (formerly known as alimony), allocation of assets, or child support. While the above reasons may be the reason for your divorce, in the eyes of the Court, it does not change the facts of the case. So, proving infidelity in a divorce is not essential or needed for a divorce or legal proceedings.

Any footage of your spouse with someone else that was taken without their consent is illegal. You need to have all-party consent, which includes the recording of your spouse and eavesdropping on your spouse. Furthermore, it your spouse is undressed or partially undressed, there are even more laws that prohibit the footage from being used in Court.

Specifically, Illinois Law States:

“It is unlawful for any person to knowingly make a video record or transmit live video of another person’s intimate parts for the purpose of viewing the body of or the undergarments worn by that other person without that person’s consent. For the purposes of this subsection (a-10), “intimate parts” means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing.” 720 ILCS 5/26-4(a-10)

The bottom line when it comes to recording your spouse is just don’t do it. If you believe you need evidence of something against your spouse, getting a written response like a text or email is the best way. Obtaining illegal footage of your spouse ends up looking bad for you and may hurt you and your goals in your divorce.

If I need to use video evidence in my divorce, what should I do?

While there are some exceptions to using video evidence, it is essential to make sure it was obtained legally and does not violate any privacy laws.  It’s important to consult with an experienced attorney in Illinois who can provide specific legal advice tailored to your situation and guide you on the admissibility of the nanny cam footage in your divorce proceedings. They can assess the circumstances under which the footage was obtained and whether it complies with relevant laws and regulations.

Need More Information or Representation?

If you are filing for a divorce, have footage of your spouse via a nanny cam, or hope to use that footage in your divorce proceedings, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in helping individuals in their divorce or parentage cases, protecting our clients when it comes to nanny cam footage, privacy laws in divorce, using video evidence in a divorce, infidelity on Camera, the legality of recording someone, eavesdropping on your spouse, privacy laws, and achieving the best possible outcome in your divorce proceeding.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.