Rebecca V. Lyon


In divorce court, often a very contentious and emotional court, parties frequently use what they can to gain the upper hand. The invention of new technology gives them an even wider arsenal. While tracking each other on the computer or checking phone records has become common, courts are now encountering instances where one spouse has placed hidden video cameras around the house to catch the other spouse doing something wrong. Under many state laws, courts have been forced to conclude that the surreptitious video recordings are not illegal. Perhaps more surprisingly, a few courts have concluded that the law either allows or requires the court to admit the recordings into evidence in divorce proceedings. This article examines the possible implications of allowing secret video recordings between spouses and the consequences of bringing these recordings into the courtroom. This article concludes with suggestions to limit the negative impact of these surreptitious video recordings.