Can My Spouse Secretly Record Me During an Illinois Divorce?

March 10th, 2025 by Tiffany Hughes

Divorce proceedings are often complex and emotionally charged, leading individuals to question the extent of their privacy and rights during this challenging time. Like many other states, laws regarding recording conversations vary and can significantly impact divorce in Illinois. One common concern that arises is whether a spouse’s secretly recordings or recordings in public places can be used as evidence in divorce proceedings.

When is Recording Someone Considered Illegal?

Illinois, along with many other states, operates under what is known as a “two-party consent” law when it comes to recording conversations. A “two-party consent” law means that all parties involved in a conversation must consent to being recorded for the recording to be legal. If one party records a conversation without the consent of the other party, their secret recordings could be considered a violation of the law.

So, what does this mean for individuals going through a divorce in Illinois? Can a spouse secretly record conversations or interactions without facing legal consequences?

The short answer is no. In Illinois, it is illegal for a spouse to make secret recordings of conversations with their partner without their consent. Doing so can have serious legal ramifications and may not be admissible as evidence in their divorce proceedings.

When is Recording Someone Considered Legal?

However, Illinois law allows for certain exceptions to the rule against recordings in Illinois. For example, if one party to the conversation is aware that they are being recorded and consents to it, then the recording may be legal. Additionally, if the recording is made in a public place where there is no expectation of privacy, it may also be legal.

Using Recordings as Evidence in Illinois Divorce Proceedings

But even in situations where recordings may be technically legal, using them as evidence in a divorce case can be complicated. Family courts in Illinois typically prioritize the best interests of the children involved in a divorce, as well as fairness and equity between the parties. If one spouse attempts to use secret recordings or recordings of private conversations to gain an advantage in the divorce proceedings, such as the allocation of parenting time or division of assets, it could backfire and damage their reputation with the court and their case.

Furthermore, even if recordings are obtained legally, they may not always be admissible in court. Illinois courts have discretion in determining what evidence is relevant and admissible, and the court may exclude recordings if they are deemed to be unfairly prejudicial or irrelevant to the issues at hand.

While it may be tempting to try to gather evidence through secret recordings during a divorce, it is not advisable or legal to do so in Illinois without the consent of all parties involved. Engaging in such behavior can complicate an already difficult situation and may ultimately harm one’s case. Additionally, Illinois is a no-fault state, which means the reasoning for the breakdown of a marriage is not pertinent to the divorce proceedings. Therefore, if you have footage of your spouse cheating, it will not help your case in getting a better outcome of the division of assets or allocation of parenting time.

Instead, individuals going through a divorce in Illinois should focus on navigating the legal process with integrity and transparency, seeking guidance from experienced legal professionals who can help them understand their rights and options. By approaching divorce proceedings with honesty and respect for the law, individuals can work towards achieving a fair and equitable resolution that serves the best interests of all parties involved.

Need More Information or Representation?

If you are filing for divorce and are worried about your spouse secretly recording you, 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 providing legal representation to anyone who is getting a divorce in Illinois, seeking further information on no-fault states, wanting an equitable and fair division of assets and allocation of parenting time, having concerns about their spouse making secret recordings or recording them in public, wanting to know the legality of recording someone as evidence in divorce proceedings, or requesting assistance keeping secret recordings out of evidence with the two-party consent law.

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

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.