[ME] Can recordings of a cheating spouse be used as evidence in divorce court?

ME Family Law

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The short answer? Do not post the recordings to Facebook. It can create criminal and civil exposure, and it can also create problems with the current PFA.

That’s the short answer, here’s the long answer:

If you recorded them when you were not a party to their conversation, Maine’s wiretap rules can apply, and disclosing or using an illegally intercepted conversation can trigger civil liability. (15 ME Rev Stat § 711)

Separately, recording intimate activity or sounds in a private place without consent can also raise privacy issues under 17-A M.R.S. §511. If any recording includes an image of nudity or a sexual act, posting it to “expose” him can also implicate Maine’s law on unauthorized dissemination of private images. (17-A ME Rev Stat § 511-A)

On top of that, if there is a no-contact or no “direct or indirect contact” term in the PFA, social media posting aimed at him can be treated as a violation. State v. Heffron, 2018 ME 102.

Using recordings in court depends on how they were obtained and what the judge allows, so posting them publicly is the riskiest move you can make right now.

Here is what you can do legally, step-by-step:

Do not post, send, or message anyone the recordings or clips, and do not tag him or the other person while the PFA is in place.
Save the original files in a safe place and stop “enhancing” or altering them. Keep a simple log of dates, times, and what device was used.
If your goal is contact with your kids and fixing the PFA situation, file the correct motion to change the order (PA-010 for temporary, PA-022 for final).
Report the hacking allegation to law enforcement with logs, screenshots, and account alerts.
If you believe the children were at risk, report to Maine DHHS CPS: https://www.maine.gov/dhhs/ocfs/cps/reporting-abuse-and-neglect

Whether you can use the recordings in divorce depends on how they were made and whether the court views them as legally obtained, so they might be limited or excluded even if they feel important.

In your PFA case, you can usually talk about what happened and tell the judge you have recordings, but sharing the actual audio or distributing it is where legal and court-rule problems can come up.

On the “hard drive” point, many courts will not accept evidence shown only on a phone, and they often require exhibits to be printed, filed electronically in a specific format, or provided on a USB drive or other media per local rules. Bring printed screenshots plus a labeled USB copy as a backup and follow the clerk’s instructions.

If you seek protections or changes that help you and the kids, focus on concrete, dated facts about safety and access issues, keep communications calm and brief, and report the hacking again with a clear timeline and copies of the strongest screenshots.

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Can I share recordings of my husband cheating on me in Maine?

Lexi, Chatbot

I'm sorry to hear that you're going through this difficult situation. Have you already obtained the recordings, or are you still in the process of gathering evidence?

I have them.

Lexi, Chatbot

Are you considering using these recordings in a legal proceeding, such as a divorce or custody case?

Yes, I’d like to.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your recordings issue.

Yes.

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like. What exactly did you record, how did you record it, and did every person recorded know and consent to being recorded?

I recorded my husband and an old woman having sex and speaking to each other in my home while my children were there, in the next room and at times wide awake. No, they did not know they were being recorded initially. I did give myself away after the first time. So it’s safe to say my husband and the woman both knew after the first recording that I was recording them, because it happened many times.

I used a couple of different things at first. I used a camera through an app that was a video, but I’m only using the audio since I didn’t put the camera or the phone out so he would notice it. Then I started using a mini recorder, and he definitely knew about that, but manipulated some of the files. He has been hacking me.

They had to be extremely quiet, so it is very hard to hear them in the recordings. I have to manipulate them and slow them down. They were being quiet on purpose because they didn’t want the kids to hear them, and they knew I had a recording device somewhere.

I am in Maine, by the way.

Legal Eagle

Thanks for sharing that. Since you're in Maine, it's important to know that state laws can affect how recordings can be used legally.

Could you tell me if you're planning to use these recordings specifically for a divorce or custody case, or is there another legal purpose you have in mind?

I was hoping to also. He has a PFA against me right now, so I’m unable to have any contact or even speak to him or my three minor children. It is totally backwards as he is the one who is abusive. He has a history of abuse—he did prison time for beating a woman nearly to death. I have no such history because I’m not an abuser. But somehow they’ve managed to use the system against the victim.

Honestly, there is so much more, but I just want to know if I can legally post the recordings I have to Facebook. I’ve decided to expose him since he refused to stop cheating and refused to admit it, and continually snuck this woman into my home even when I was home. The cops did nothing.

So I want to know if I’m OK to post recordings to Facebook, and then I want to know if I would be able to use any of that in court cases.

DHS is already involved, and they seemed to side with him because he is manipulative and I was frantic in meetings.

Will I be able to use any of the recordings in a divorce? Can I at least talk about them in my PFA case?

Also, I’ve been told I need to put evidence on a hard drive for court because they won’t accept it on my phone. Can you verify that?

I also want to point out that he claimed he wanted a stable home, but brought that woman into the house while the kids were there, which put them at risk.

I’m also unsure if I should file a PFA against him. But I still want him to help with bills, maintenance, and watching the kids. Is that realistic?

Legal Eagle

The short answer? Do not post the recordings to Facebook. It can create criminal and civil exposure, and it can also create problems with the current PFA.

That’s the short answer, here’s the long answer:

On top of that, if there is a no-contact or no “direct or indirect contact” term in the PFA, social media posting aimed at him can be treated as a violation. State v. Heffron, 2018 ME 102.

Using recordings in court depends on how they were obtained and what the judge allows, so posting them publicly is the riskiest move you can make right now.

Here is what you can do legally, step-by-step:

Do not post, send, or message anyone the recordings or clips, and do not tag him or the other person while the PFA is in place.
Save the original files in a safe place and stop “enhancing” or altering them. Keep a simple log of dates, times, and what device was used.
If your goal is contact with your kids and fixing the PFA situation, file the correct motion to change the order (PA-010 for temporary, PA-022 for final).
Report the hacking allegation to law enforcement with logs, screenshots, and account alerts.
If you believe the children were at risk, report to Maine DHHS CPS: https://www.maine.gov/dhhs/ocfs/cps/reporting-abuse-and-neglect

Whether you can use the recordings in divorce depends on how they were made and whether the court views them as legally obtained, so they might be limited or excluded even if they feel important.

In your PFA case, you can usually talk about what happened and tell the judge you have recordings, but sharing the actual audio or distributing it is where legal and court-rule problems can come up.

Legal Eagle

Does that help clarify things?

Can I talk about what I recorded online?

Legal Eagle

Posting about it online can still create legal problems. Even without sharing audio, describing what you recorded in a way that identifies him or the other person can trigger privacy or defamation claims or be seen as harassment.

Because of the PFA, posts aimed at him or where he may see them can be treated as indirect contact.

If you say anything publicly, keep it high-level and non-identifying. Do not share details or encourage others to contact him.

The safest place to talk about the recordings is in court, not on social media.

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